Terms of Use

By accessing the website at thewavepatrol.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

PREMIUM SUBSCRIPTION FEES AND PAYMENTS

As part of the Service, Wave Patrol offers a subscription (“Wave Patrol Pro”) that entitles you to added benefits, such benefits chosen and defined by Wave Patrol and subject to change at any time and in Wave Patrol’s sole discretion. Should you subscribe to Wave Patrol Pro, your subscription, which may start with a free trial, will continue at the specified time-period (currently annually) and automatically renew unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted payment method (as such may be updated from time to time, “Payment Method”) to subscribe to Wave Patrol Pro. We will bill all fees and charges in connection with your username and password to your Payment Method. ALL FEES AND CHARGES ARE NONREFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. If there are annual fees for your subscription, Wave Patrol will bill at whatever subscription rate is in effect at that time at the start of the annual period, automatically to your Payment Method and will auto-renew each year until your subscription is terminated. You agree to pay all fees incurred in connection with your user name and password for Wave Patrol Pro and you must cancel your subscription before it renews for the applicable time period in order to avoid billing of the next time period’s subscription fees to your Payment Method. We reserve the right to adjust pricing for Wave Patrol Pro or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. You can cancel your subscription at any time by going to My Account and following the instructions for cancellation which is triggered by cancelling your stripe subscription or contacting Wave Patrol Support at support@thewavepatrol.com.

You are solely responsible for properly cancelling your account. An email request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the 'Profile' link in the global navigation bar on the right of the screen and clicking on Cancel to access your account in Stripe to cancel your subscription.

If you cancel your subscription to Wave Patrol, all of your data will be deleted within 24 hours of the cancellation action triggered within Stripe and your account will be permantely closed.

FREE TRIALS

Your subscription to Wave Patrol Pro may start with a free trial. The free trial period of your subscription lasts for the amount of time specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new subscribers only. Wave Patrol reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription and your subscription will automatically renew unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, visit the My Account page. We may authorize your Payment Method through various methods as soon as you register. We will continue to bill your Payment Method on a recurring basis for your subscription fee until you cancel. Should you cancel your subscription before the end of your free trial period, you may forego the remainder of such free trial period.

If you want to cancel your subscription, switch to a different Payment Method or if there is a change in your Payment Method details, please use the Manage button in the Account Dashboard. If you believe someone has accessed Wave Patrol Pro using your user name and password without your authorization, please contact Wave Patrol immediately at support@thewavepatrol.com.

THIRD-PARTY PAYMENT SERVICES

We use a third party (Stripe) not affiliated with us to process payments for the Service (a “Third Party Processor”). You agree that this Third-Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third-Party Processor, you may be subject to additional terms of use/service and privacy policy(ies) of the Third-Party Processor.

COPYRIGHT AND LIMITATIONS ON USE

This Agreement is personal to you, and you may not assign your usage rights to anyone or share your Wave Patrol Account with anyone. Through providing the necessary information, such as email address and password, during the sign-up process, you create an account (“Wave Patrol Account”). Each Wave Patrol Account that has been entitled to Wave Patrol Pro, either through paying the associated fee or through direct entitlement from Wave Patrol, is limited to access by only one user. All usernames, passwords, and other credentials (“Credentials”) used in connection with the Services shall be the sole property of Wave Patrol, and Wave Patrol may disable access or use of such Credentials at any time in accordance with this Agreement. You are responsible for the security of your Account and the Credentials and will immediately notify Wave Patrol of any unauthorized access or use thereof. You cannot share your user name, password or other Credentials with anyone, unless otherwise agreed to by Wave Patrol. THE NUMBER OF DEVICES THROUGH WHICH YOU MAY ACCESS YOUR ACCOUNT IS LIMITED AND MAY CHANGE FROM TIME TO TIME AT OUR DISCRETION. Wave Patrol may, at any time in its sole discretion, discontinue or change: the Services, including without limitation Wave Patrol Pro; any Content, Materials, features, functions, data, information, or software offered or available through the Services or from Wave Patrol; or the availability of the Services, without notice to you. You may cancel your subscription at any time. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) accessible on or available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our prior written consent, you may not use, sell, copy, reproduce, create derivative works from, publish, distribute, re-transmit or otherwise provide access to the Content received through the Services to anyone.

OWNERSHIP OF MATERIALS

Except as otherwise noted, the information and/or software within and available through Wave Patrol (including, but not limited to, articles, photographs, images, illustrations, audio clips and video clips, and all such material collectively, the “Materials”) are the exclusive property of Wave Patrol or its licensors. All Materials are copyrighted and protected by worldwide copyright laws and treaty provisions. Other than as otherwise described herein, they may not be accessed, copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Wave Patrol’s prior written permission. Except as expressly provided herein, Wave Patrol grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. If you would like to reproduce or distribute any of the Materials you find on our Services in any manner other than that described in this agreement, please contact us at support@thewavepatrol.com.

YOUR CONSENT

By creating an Account, you are consenting to receive certain communications from us. For example, Wave Patrol may send you newsletters about new Wave Patrol features, special offers, promotional announcements and customer surveys via email or other methods. You further consent to receiving electronic communications from Wave Patrol. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails, authentication matters, and other transactional information) and information concerning or related to our Services. These communications are part of your relationship with Wave Patrol and you receive them as part of the Service or Wave Patrol Pro. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you no longer want to receive certain non-transactional communications from us, simply click on the unsubscribe link at the bottom of our email communications. Please review our Privacy Policy for further detail on our marketing communications.

By subscribing to Wave Patrol, you consent to the storage of personal data and payment information required to enable your use of the Services, including storage of this data by third party vendors, service providers, and database systems (collectively, “Third Party Vendors”). You also consent to transfers of personal data and payment information between Wave Patrol’s Third Party Vendors in accordance with the delivery and continuation of the Services. Wave Patrol commits to partner with secure and compliant third-party vendors, but does not endorse any Third Party Vendors and makes no representation or warranty with respect to Third Party Vendors.

You agree to maintain on file with Wave Patrol a valid email address and regularly (and at least daily) monitor such email address for any communication from Wave Patrol.

THIRD PARTY WEB SITES, SERVICES AND SOFTWARE

Your use of any third party websites, content, data, information, applications, goods, devices, services, software or materials (collectively, “Third Party Services”) is at your own risk. Wave Patrol does not endorse any Third Party Services and makes no representation or warranty with respect to Third Party Services. Wave Patrol shall not incur any obligation, responsibility or liability with respect to any Third Party Services and you shall look solely to the applicable third party with respect to all obligations, responsibilities, and liabilities related thereto. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices (including, without limitation, their privacy policies), even if the Services’ or our logo and/or sponsorship identification is on the Third Party Services as part of a co-branding or promotional arrangement or otherwise. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use. To the extent Third Party Services are embedded or integrated into the Services, they remain subject to the privacy policy, terms of use, and other terms of the applicable third party and by accessing, viewing, or using such Services or content you agree to and accept all such third party terms applicable to the Third Party Services.

LIABILITY AND INDEMNIFICATION

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Ecologi has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Wave Patrol, its subsidiaries, affiliates, licensors, directors, officers, employees, agents, third party information providers, customers, users, and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and expert witness fees) arising out of or related to: your conduct; your use or inability to use the Service; your breach or alleged breach of these Terms or of any representation or warranty contained herein; your unauthorized use of Wave Patrol Content; any User Content you provide or which is otherwise submitted using your Account, including without limitation the use, submission, sale, upload, or provision of any image, logo, photograph, or other User Content which infringes on any third party’s intellectual property right or other right; your violation of, or failure to obtain, any license with a third party with respect to any User Content; your fraud, misrepresentation, negligence, or misconduct; or any other action or omission by you which violates or results in the actual or alleged violation of any third party’s rights.

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SERVICES AND THE INTERNET GENERALLY, Wave Patrol IS PROVIDING THE SERVICES AND ALL CONTENTS, MATERIALS, INFORMATION, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA SOLELY ON AN “AS IS” AND “AS AVAILABLE” BASIS. Wave Patrol EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, CONTENTS, MATERIALS, USER CONTENT, PHOTOGRAPHS, IMAGES, AND OTHER DATA, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CURRENTNESS, CORRECTNESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE MATERIALS AND Wave Patrol WITH HAVE NO RESPONSIBILITY OR OBLIGATION RELATED THERETO. Wave Patrol MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR ANY MATERIALS, INFORMATION, CONTENT, OR USER CONTENT WILL BE UNINTERRUPTED, ACCURATE, OR ERROR-FREE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Wave Patrol (INCLUDING ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY Wave Patrol OR ANY THIRD PARTY, EVEN IF Wave Patrol HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Wave Patrol IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITH RESPECT TO THE THIRD PARTY SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, Wave Patrol SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST Wave Patrol RELATED TO OR ARISING OUT OF SUCH THIRD PARTY SERVICES AND OTHER PRODUCTS AND SERVICES PROVIDED BY A THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER FROM SUCH THIRD PARTY DIRECTLY.

WITH RESPECT TO THE LOCAL PHOTO SERVICE AND ANY SALE OR PURCHASE THEREON, Wave Patrol SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST Wave Patrol RELATED TO OR ARISING OUT OF THE LOCAL PHOTO SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE APPLICABLE BUYER OR SELLER.

WITH RESPECT TO THE Wave Patrol SESSIONS™ AND SPECIFICALLY, THE “PUBLIC” OR “PRIVATE” SESSION SETTING, Wave Patrol SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THEREO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST Wave Patrol RELATED TO OR ARISING OUT OF YOUR USE OF Wave Patrol SESSIONS™, INCLUDING THE “PUBLIC” OR “PRIVATE” SESSION SETTINGS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM SUCH THIRD PARTY DIRECTLY.

WITH RESPECT TO YOUR OR ANY OTHER PERSONS USER CONTENT OR UPLOADED MATERIALS, Wave Patrol SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE OR TYPE RELATED THERETO, AND YOU WAIVE ANY AND ALL RIGHTS AND CLAIMS AGAINST Wave Patrol RELATED TO OR ARISING OUT OF ANY SUCH USER CONTENT OR OTHER UPLOADED MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY WITH RESPECT TO THE FOREGOING SHALL BE TO BRING ACTION AGAINST AND RECOVER DIRECTLY FROM THE USER PROVIDING SUCH USER CONTENT OR UPLOADING SUCH MATERIALS.

UNDER NO CIRCUMSTANCES SHALL Wave Patrol OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, INFRINGEMENT, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM: THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY CONTENT; ANY INFORMATION OR DATA IN THE SERVICES BEING INACCURATE, INCOMPLETE, FALSE, MISLEADING, INFRINGING, OR OTHERWISE DAMAGING IN ANY MANNER; OR ANY USER CONTENT, PHOTOGRAPHS, MATERIALS, OR OTHER DATA PROVIDED BY ANY CUSTOMER OR USER OF Wave Patrol OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Wave Patrol HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE EXTENT Wave Patrol HAS ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY Wave Patrol OR ANY THIRD PARTY, Wave Patrol’S MAXIMUM TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE LESSER OF (A) THE FEES PAID BY YOU TO Wave Patrol FOR ACCESS TO OR USE OF THE SERVICES OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

COMMON PROVISIONS

NO WAIVER

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

SERVICE INTERRUPTION

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of Wave Patrol’s website, Services, or other products and services, you agree you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

MODIFICATION AND FEEDBACK

Wave Patrol reserves the right, but has no obligation, to release new or updated versions of the Services, or otherwise modify or discontinue any Service or portion thereof, at any time and in its sole discretion. Such modifications may include, or disable, certain features, functionality, or content. To the extent you make any suggestions, submit ideas, provide comments or feedback, or otherwise recommend or identify any actual or potential new service or any modification or improvement to a Service to Wave Patrol (collectively “Feedback”), you: (a) represent and warranty to Wave Patrol that the Feedback and all content therein belongs solely to you and does not infringe on the intellectual property rights or other proprietary interests of any third party; (b) upon sending such Feedback you grant to Wave Patrol an irrevocable, worldwide, royalty free, transferable license to the Feedback and all ideas, concepts, and other intellectual property therein; (c) you will have no right or interest in or to any development, software, product, Service, feature, function, or other development by Wave Patrol which incorporates all or any portion of the Feedback.

TERMINATION

These Terms are effective until terminated by Wave Patrol. Wave Patrol may terminate its license provided hereunder (in whole or in part), your Account, or your right to access, use, or participate in the Services, at any time without notice in Wave Patrol’s sole discretion. The license granted to you by Wave Patrol under this Agreement with respect to any Material shall be immediately and automatically revoked for such Material upon the earliest of: (a) Wave Patrol’s removal of such Material from its website or any other Service; (b) termination of your Account; or (c) notice from Wave Patrol of such termination. In the event of termination, you are no longer authorized to access this site, you must immediately securely delete or destroy any Materials that were downloaded or otherwise retained by you, and the following will survive such termination and remain binding upon you: the restrictions imposed on you with respect to the Materials, the disclaimers and limitations of liabilities set forth in these Terms, and your indemnification obligations. In the event of the termination or revocation of the license provided to you hereunder, you must immediately return to Wave Patrol and securely delete or destroy any Materials in your possession that were subject to such license. Upon any cancellation or termination of these Terms, your Account, or your access or use of the Services for any reason, Wave Patrol will have no obligation to retain or provide to you copies of any User Content or other data or information in your Account, stored by Wave Patrol, or otherwise uploaded to the Services.

JURISDICTION

Enforcement of these Terms of Service will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Services or Service Content will lie in the state and federal courts located in New Castle County, Delaware, and each party irrevocably agrees to submit to the jurisdiction of such courts. Notwithstanding this, you agree that we will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Our failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. These Terms of Service constitutes the whole legal agreement between the parties in connection with your use of the Sites and Services, and governs such use. These Terms of Service completely replace and supersede any prior agreements between the parties, whether written or oral, in connection with the Website and Services. Except as expressly provided in these Terms of Service, any modification of or changes to these Terms of Service must be in a writing duly authorized by an authorized representative of ours.

These Terms were last updated on May 10th, 2021.