Terms of Service

Last Updated: March 3, 2025

Introduction

Welcome to Softwave! These Terms of Service ("Terms") govern your access to and use of the Softwave website, streaming overlay platform, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use our Services.

Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or legal guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.

Account Registration

To access certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

User Conduct

When using our Services, you agree not to:

  • Violate any applicable law, regulation, or third-party rights
  • Use our Services for any illegal purpose or to promote illegal activities
  • Impersonate another person or entity, or falsely state or misrepresent your affiliation
  • Interfere with or disrupt the operation of our Services or servers
  • Attempt to gain unauthorized access to our Services, other accounts, or systems
  • Transmit malware, viruses, or other malicious code
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
  • Post or transmit any content that is unlawful, fraudulent, harassing, discriminatory, or otherwise objectionable
  • Collect or store personal data about other users without their consent
  • Reverse engineer, decompile, or attempt to extract the source code of our Services

Content and Intellectual Property

Our Services and content provided by Softwave, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations, software, and the compilation thereof, are the property of Softwave or its licensors and are protected by copyright, trademark, and other intellectual property laws.

User Content: By uploading, submitting, storing, sending, or receiving content through our Services ("User Content"), you grant Softwave a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for the purpose of providing and improving our Services.

You represent and warrant that you own or have the necessary rights to the User Content you submit and that such content does not violate these Terms or infringe on any third-party rights.

Subscription and Payment

Some of our Services require payment of fees through a subscription model. By subscribing to our paid Services, you agree to pay all fees in accordance with the pricing and payment terms presented to you.

Auto-Renewal: Subscriptions automatically renew for the same subscription term unless canceled before the renewal date. You can cancel your subscription at any time from your account settings.

Refunds: Refunds are provided in accordance with our Refund Policy, which may be updated from time to time.

Price Changes: We reserve the right to change our subscription fees upon reasonable notice. Any price changes will apply to the next billing cycle after the notice period.

Third-Party Services and Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Softwave. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Softwave shall not be responsible or liable for any damage or loss caused by your use of such third-party websites or services.

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SOFTWAVE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTWAVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL SOFTWAVE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless Softwave, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

Modifications to the Services and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

We reserve the right to update or modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or delete your account through the account settings.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Francisco, California, and you consent to the personal jurisdiction of these courts.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Softwave, shall constitute the entire agreement between you and Softwave concerning our Services.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@softwave.dev