Terms of service

Last Modified: May 1, 2023

Terms of Service and End User License Agreement

  1. Acceptance of These Terms

Please read these Terms of Service and End User License Agreement (collectively, the “Agreement”) carefully. This Agreement is a binding agreement between You and Marine Co. Systems, LLC ("Company," "we," or "us") concerning your use of (including any access to) (1) the WaveLink Mobile Application, (2) WaveLink Hub, and (3) the WaveLink subscription monitoring services, including services that can be accessed using the WaveLink Mobile Application on iOS and Android devices, (including all related documentation, the "Application") (collectively, the “Services”), all used in conjunction with WaveLink hardware and software products (the “Products”). The definitions of Services and Products are limited to those that are manufactured, sold, provided, or offered by WaveLink. This Agreement also governs your legal rights with respect to Third Party Services (defined below). The Application is licensed, not sold, to you.

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE AND HAVE THE MENTAL CAPACITY TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY, OR USE THE APPLICATION, WAVELINK HUB, OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY THE COMPANY IN CONJUNCTION WITH THE APPLICATION, AND DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.

This Agreement hereby incorporates by reference any additional terms and conditions we post through the Application, the WaveLink website (https://www.wave.link/), or otherwise made available to you by the Company. Please read this Agreement carefully because it contains important information about automatic renewal, a class action waiver, and an arbitration provision, requiring you to arbitrate any claims you have against the Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

  1. General

This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third-Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and the Company. All rights not expressly granted herein are reserved by the Company. However, to the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.

To utilize the Products and Services, you need to be at least 16 years old. If you are between the ages of 16 and 18, you can only use these Products and Services with the permission and supervision of a parent or legal guardian who accepts these Terms. As a parent or legal guardian of someone under 18 who uses the Products and Services, you accept these Terms on their behalf and are responsible for their actions in connection with the Products and Services. All owners and covered parties, irrespective of their age, consent to these Terms, including the clause on arbitration and the waiver of class action.

If you are using this Application on behalf of a company or other organization that you are associated with, you are agreeing to the terms of this agreement both for yourself and for that organization. By doing so, you are confirming that you have the legal authority to legally bind the organization to these terms. Any reference to "you" or "your" in this agreement applies to both the individual user and the organization they represent.

  1. Changes to This Agreement and Services

We may revise these Terms or any other part of this Agreement at any time, at any time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. If we make changes to these Terms of any other part of this Agreement we deem material, we will make reasonable efforts to notify you through the Services, by sending you an email, or by some other means. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Application.

Your continued use of the Products and Services following such changes means that you accept and agree to the changes. You are expected to check these Terms periodically, so you are aware of any changes, as they are binding on you.

We continuously aim to enhance the Products and Services, so they may undergo modifications over time. We might halt or terminate any portion of the Services, introduce new features, or impose constraints on particular features or limit access to some or all parts of the Products or Services. In the same way, we hold the right to take out any content from the Services, anytime, for any reason, at our own discretion and without prior notice. We may alter any aspect of the Products or Services, such as the relevant charges and/or features connected to the Products or Services, at any time and for any reason, solely at our own discretion.

We retain the right to cancel (or revoke access to) your utilization of the Services or your account, for any reason within our discretion, including if you violate these Terms. We possess the exclusive right to determine if you have breached any of the limitations specified in this Agreement.

  1. Access and Use

Subject to the terms of this Agreement, the Company, its licensors, or specified third parties hold all the legal rights, title, and interest in the Services and content provided through the Products and Services, which comprises information, documents, logos, graphics, designs, and images, among other things. Subject to these Terms, we grant you a restricted, non-transferable, and non-exclusive right to access and utilize the Products and Services for personal and non-commercial use. Nonetheless, companies can procure Products and use the Services for their lawful business purposes (such as utilizing Products on their business premises or enabling tenants to use the Products). However, this license does not authorize businesses to resell the Products or Services or make the Products or Services accessible to third parties in any way.

If your use of the Services or any Products is prohibited by relevant laws, then you are not permitted to use the Services or Products. We cannot and will not take responsibility for your use of the Services or any Products in a manner that violates the law.

You are required to register for an account and select a password and username ("User ID"). You commit to providing us with truthful, thorough, and current registration details about yourself. It is not permissible to use a name as your User ID that you are not authorized to use or adopt someone else's name with the intention of impersonating that person. Additionally, you are not allowed to share your account or password with anyone, and it is essential to safeguard the security of your account and password. You are accountable for any activity connected to your account.

If you are installing one of the Products in a property managed, owned, or operated by a third party or where other individuals reside, work, or are otherwise present (referred to as "Other Parties"), you represent and warrant that you have informed those Other Parties, to the extent required by law, and received all necessary approvals, consents, and authorizations from such Other Parties, for the installation and operation of the Product at the installation site.

You further represent and warrant that the installation location of the Product is secure for individuals who enter the property and that the installation of the Product at that location will not interfere with, disrupt, or negatively affect any other systems, access, or infrastructure of the property.

We reserve the right to terminate your right to use or access the Products and Services for any violation of the foregoing terms.

  1. License Restrictions

You shall not:

  1. copy the Application, except as expressly permitted by this license;
  2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
  6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
  7. use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; maritime navigation or communication systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military applications, weapons systems, or environments.
  1. Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

  1. WaveLink Subscription Plans

When you choose to subscribe to our services, we may automatically receive and store any data collected by the WaveLink Hub or other products that are associated with your WaveLink subscription plan. For more information about the data we collect, please see the WaveLink Mobile Application Privacy Policy.

  1. Collection and Use of Your Information

You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Mobile Application Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Content and Services

The Application may provide you with access to our website located at https://www.wave.link/ (the "Website") and Products and Services accessible thereon. Certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, "Content and Services"). Your access to and use of such Content and Services are governed by our Website's Terms of Use and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement and may subject you to termination of Services.

  1. Geographic Restrictions

The Content and Services are based in the state of Alabama in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

  1. Updates

We may from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings when your Mobile Device is connected to the internet either:

  1. the Application will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

  1. Third-Party Materials

The Application may display, include, or make available third-party content (including advertisements, data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Neither the Company nor any of its affiliates will be liable for any errors in content or omissions in any Third-Party Materials, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Materials, including any goods, products, or services offered by such Third Party Materials.

  1. Term and Termination

The term of Agreement commences when you install the Application and will continue in effect until terminated by you or Company as set forth in this Section.

You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device and terminating your WaveLink account.

We may terminate this Agreement at any time without notice if it ceases to support the Application, which we may do in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination:

  1. all rights granted to you under this Agreement will also terminate; and
  2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

Termination will not limit any of the Company’s rights or remedies at law or in equity.

  1. Subscriptions, Promotions, and Trial Periods

We reserve the right to offer promotional trials and subscriptions of any duration at our sole discretion. These offers may be extended to some or all of our customers or prospective customers without limitation. Promotional subscriptions and trial periods are subject to this Agreement. Trial subscribers may at any time choose not to continue to a paid subscription at the end of the trial or promotional period.

For paid subscriptions of any duration, your paid subscription plan will continue until you or we cancel your subscription. Payments on all subscriptions are made at the outset of the payment period for which they apply. Subscription plans entitle you to access the WaveLink subscription for the duration of the payment period. Your paid subscription will automatically begin immediately or on the first day after the conclusion of your relevant trial period if you bought your subscription on Wave.link.

IF YOU DO NOT INFORM US BEFORE A CHARGE IS MADE THAT YOU WISH TO CANCEL OR DO NOT WANT TO AUTO-RENEW, YOU ACKNOWLEDGE AND AGREE THAT YOUR WAVELINK SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU GIVE THE COMPANY PERMISSION (UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE RELEVANT SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUBSEQUENT TERM, USING ANY PAYMENT METHOD WE HAVE ON FILE FOR YOU WITHOUT NOTIFYING YOU.

You will be billed or charged the subscription fees on the first day of your subscription period. If We do not receive payment, if payment is returned unpaid, or if a credit card or similar transaction is rejected or denied, We may cancel your subscription. However, if you provide a new payment method and the payment is successful before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.

If you opt to pay through direct debit, we may charge you as early as the first day of your subscription period. If you sign up for a paid subscription after your free trial expires, we may charge you on the same day you sign up. Once you enroll, we will send you an email to confirm the mandate and provide advance notice of any future charges after the initial charge.

  1. Disclaimer of Warranties

No computer program or mobile application is 100% safe. Devices that use wireless or internet connections or are connected to a network in any way (such as security systems, cameras, communications equipment, access control devices, cloud storage, NAS storage, DVRs, NVR, and other networkable security devices) may not be safe and may be vulnerable to hacking or malware attacks ("Malware Vulnerabilities"). Malware Vulnerabilities can be exploited to disable your equipment, steal or alter data, monitor your activities, cause network outages, and allow unauthorized access to your network or the network of others, putting people, property, and data at risk. WE MAKE NO WARRANTY OR REPRESENTATION THAT ITS PRODUCTS OR SERVICES ARE SECURE OR THAT THEY ARE FREE OF MALWARE VULNERABILITIES. We assume no liability for any Malware Vulnerabilities, to the fullest extent allowable by law, and you agree to release us from any related loss or damage caused by Malware Vulnerabilities. If this release is not valid under applicable law, then the liability limitation in Section 16. Limited Warranty for WaveLink Hub, contained in this agreement will apply to any losses or damages related to Malware Vulnerabilities.

THE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limited Warranty for WaveLink Hub

This is a "Limited Warranty" that provides you with specific legal rights pertaining to WaveLink Hub (the “Product”) as permitted by applicable law. Depending on where you are located, you may also have additional rights. It is important to keep your sales receipt as it may be required to make a claim under this warranty, as permitted by applicable law. Any disputes or disagreements related to this warranty, arising from your use of the Product, will be settled through final and binding arbitration in accordance with Sec. 25. Governing Law, Jurisdiction, and Arbitration of this Agreement, as permitted by applicable law.

THIS LIMITED WARRANTY APPLIES TO WAVELINK HUB AND REPLACES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF APPLICABLE LAW PROHIBITS THE COMPANY FROM LEGALLY DISCLAIMING STATUTORY OR IMPLIED WARRANTIES, THEN TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SUCH WARRANTIES WILL ONLY LAST FOR ONE (1) YEAR FROM THE DATE OF PURCHASE OF THE PRODUCT.

For a period of one (1) year of purchasing the Product, we will repair or replace, at our discretion, any malfunctioning part or component of the Product that is defective, at no cost to you. This Limited Warranty is only valid for the original consumer purchaser and is not transferable or assignable by you (except as required by applicable law). We may use new or refurbished parts or components to make any necessary repairs or replacements. If the specific part or component is no longer available, we may replace it with a similar part or component that has similar features, functions, and quality, at our discretion.

This Limited Warranty will not apply if the Product is damaged due to misuse, abuse, failure to follow instructions or specifications, negligence, acts of God (such as lightning, flood, tornado, earthquake, or hurricane), or other events beyond our control. Consumable parts, including batteries, are also not covered. Any unauthorized service or modification of the Product will void this Limited Warranty entirely. This Limited Warranty does not include reimbursement for inconvenience, installation, loss of use, or unauthorized service. Furthermore, it does not cover any losses, injuries to persons, loss of property, or other monetary damages. This Limited Warranty will not apply if you purchase a pre-owned Product, buy it from any unauthorized seller, or purchase it from third-party sellers on online marketplaces like eBay. We strongly advise against purchasing from unauthorized sellers, as the Product may be used, defective, counterfeit, or may not be intended for use in your area. This Limited Warranty only applies to our products and does not extend to any other equipment, components, or devices that the customer uses in conjunction with the Product.

If you need to make use of the Limited Warranty for the Product, please contact us at https://wave.link/pages/contact-us. You should be prepared to describe the Product that requires service, explain the issue, and provide proof of purchase. We will provide instructions on how to return your existing Product. If a Product is excluded from this Limited Warranty, you are responsible for arranging and paying for shipping to return the Product to us, as well as the shipping costs for us to return the serviced or replacement Product back to you. Claims under this Limited Warranty must be submitted to us before the end of the Limited Warranty period specified in this section. Time is of the essence. Please allow up to fourteen (14) business days for your Limited Warranty request to be processed.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN ANY AMOUNT THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

YOU USE AND RELY UPON THE PRODUCTS AND SERVICES AT YOUR OWN RISK.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS TO ITS PRODUCTS AND SERVICES CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF ITS CONTROL. THESE EVENTS INCLUDE, BUT ARE NOT LIMITED TO, WAR, FIRE, FLOOD, EXTREME WEATHER, ACCIDENTS, EXPLOSIONS, ACTS OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKES, LOCKOUTS OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER EVENTS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF THE COMPANY FOR THE DURATION OF AN INTERRUPTION.

  1. No Life and Safety Guarantee

You understand and acknowledge that the Products and Services are not designed as a third-party monitored emergency notification system. Therefore, the Company does not monitor emergency notifications and will not dispatch emergency authorities to your home in case of an emergency. YOU ACKNOWLEDGE THAT THE USE OF THE PRODUCTS OR SERVICES DOES NOT GUARANTEE OR INCREASE THE LEVEL OF SAFETY. THE PRODUCTS AND SERVICES ARE NOT 100% RELIABLE AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR INDIVIDUAL INSPECTION OF SOURCES OF ELECTRICITY AND WATER SAFETY. The Company cannot guarantee that you will receive notifications in a specific timeframe or at all. In case of any life-threatening, safety or emergency situations, you should contact the appropriate response services.

  1. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Product and Services or your breach of this Agreement.

  1. Changes to System

Please be aware that if you make any changes to your system elements, your Product may not be able to transmit signals to your mobile application and as a result, the monitoring service may not work. It is your responsibility to ensure that your system elements are always compatible with your Product and Services and are functioning properly.

  1. Duty to Properly Install and Inspect WaveLink Hub

You are responsible for installing the Product strictly in accordance with the provided instructions and specifications. Failure to do so may result in false alarms or detection failures if the Product or its sensors are hindered, obstructed or placed outside the detection range. You must test the Product after installation and regularly maintain and test it afterwards. It is your responsibility to ensure that the power source for the product is in working condition and the backup battery for the Product is functioning properly. YOU UNDERSTAND THAT IF THE BATTERIES ARE TAMPERED WITH OR NEED REPLACEMENT, THE PRODUCT MAY NOT FUNCTION OR FUNCTION PROPERLY. YOU HEREBY AGREE THAT ONLY THE MANUFACTURER IS AUTHORIZED TO REPLACE THE BACKUP BATTERY PACK. TAMPERING WITH THE BACKUP BATTERY PACK CONSTITUTES A BREACH OF THIS AGREEMENT AND FORECLOSES THE LIMITED WARRANTY DETAILED IN SEC. 16. LIMITED WARRANTY FOR WAVELINK HUB. PLEASE CHECK THE BACKUP BATTERY PACK REGULARLY AND NOTIFY US IMMEDIATELY OF ANY MALFUNCTION AT HTTPS://WWW.WAVE.LINK/PAGES/CONTACT-US.

  1. Export Regulation

The Application may be regulated by US export control laws, which include the Export Control Reform Act and related regulations. You agree that you will not export, re-export, or allow access to the Application to any country or jurisdiction where such export, re-export, or access is prohibited by law, rule, or regulation. You agree to comply with all applicable US federal laws, regulations, and rules, and to complete all necessary actions, including obtaining any required export license or government approval, before exporting, re-exporting, releasing, or making the Application available outside of the United States.

  1. S. Government Rights

The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

  1. Governing Law, Jurisdiction, and Arbitration

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Alabama, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Jefferson County, Alabama, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that the Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The parties agree that any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as amended by this Agreement. The AAA Consumer Arbitration Rules: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by either party that an in-person hearing is appropriate. Any in-person appearances shall be held at a location that is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator shall make such determination. The arbitrator's decision shall follow the terms of this Agreement and shall be final and binding. The arbitrator shall have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement shall preclude either party from bringing issues to the attention of federal, state or local agencies, and, if the law allows, seeking relief against the other party.

  1. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

Within the limitations established in Sec. 25. Limitation of Time to File Claims, no failure or delay by you or by the Company to exercise any right or power under this Agreement shall constitute a waiver of that right or power. Additionally, the partial exercise of any right or power does not prevent further exercise of that right or any other right under this Agreement. If there is a conflict between the terms of this Agreement and any other applicable purchase or agreement terms, this Agreement will take precedence.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

This Agreement, the WaveLink Mobile Application Privacy Policy, our website Terms of Use,  our website Privacy Policy, and our Terms and Conditions for Online Sales constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

  1. Information or Complaints

If you have a question or complaint regarding the Services, please contact us:

  • Via email: support@wave.link.
  • Or through the “Contact Us” tab on our Website: https://wave.link/pages/contact-us.

We will never ask you for credit card information via email. Please do not include credit card or other sensitive financial information in your emails to  us.