Last Updated: 2026-07-09
Wavey is a product of SWMAI, LLC ("Company," "we," "us," or "our").
By accessing or using the Service, you agree to these Terms. If you do
not agree, you may not use the Service.
If you use the Service on behalf of an entity, you represent and warrant
that you have authority to bind that entity.
Eligibility and Accuracy of Information
Wavey is currently intended for users and organizations based in the
United States. By creating an account, submitting a contact request, or
using the Services, you represent that the information you provide is
accurate, complete, and current, including any information about your
location, organization, business use, or eligibility to use the Services.
If we determine that information provided to Wavey is inaccurate,
incomplete, misleading, or submitted to circumvent eligibility
requirements, we may request updated information, limit access to certain
features, suspend access, or terminate the account, where appropriate.
1. Description of Service
Wavey provides AI-assisted marketing strategy, forecasting, campaign
planning, activation guidance, and performance analysis tools.
The Service is a decision-support system only and does not act as a
fiduciary, advisor, agent, or guarantor of results.
Company may modify or discontinue features at any time.
2. AI Output & Risk Allocation
The Service uses artificial intelligence models to generate outputs
("Output").
You acknowledge and agree:
- Output may be inaccurate, incomplete, or unsuitable for your
intended purpose. - Forecasts, projections, and ROI calculations are illustrative
estimates only. - Market conditions and external variables materially affect outcomes.
- You are solely responsible for reviewing, validating, and approving
Output before implementation.
Customer assumes all risk arising from reliance on Output.
Company shall not be liable for business decisions made based on Output,
even if Output contains inaccuracies or omissions.
3. No Professional Advice
The Service does not provide legal, financial, tax, accounting,
regulatory, or professional advice.
You are solely responsible for obtaining independent professional advice
where appropriate.
4. Customer Data & Ownership
As between the parties, Customer retains all right, title, and interest
in and to Customer Data.
Company obtains no ownership rights in Customer Data.
Customer grants Company a limited, non-exclusive, worldwide license to
process Customer Data solely to:
- provide and operate the Service;
- maintain and improve system functionality;
- ensure security and integrity;
- comply with legal obligations.
Company may use aggregated and de-identified data that does not identify
Customer or any individual for analytics and product improvement.
5. Advertising & Regulatory Compliance
Customer is solely responsible for ensuring that all marketing content,
campaigns, targeting decisions, and claims comply with applicable laws,
advertising regulations, consumer protection requirements, and platform
policies.
6. Acceptable Use
You agree not to:
- reverse engineer, decompile, disassemble, or attempt to derive
source code except to the extent expressly permitted by applicable
law; - upload unlawful, infringing, defamatory, or harmful content;
- misuse, disrupt, or interfere with the Service;
- circumvent security controls.
7. Security
Company maintains commercially reasonable administrative, technical, and
physical safeguards designed to protect Customer Data, including:
- encryption in transit (TLS);
- encryption at rest;
- multi-factor authentication (MFA) support;
- secure cloud infrastructure;
- monitoring and security practices.
No system is completely secure.
Company does not sell Customer Data and does not use Customer Data to
train third-party AI models.
8. Subscriptions & Billing
Subscriptions automatically renew unless canceled prior to renewal.
Fees are non-refundable except as required by law.
Company may modify pricing with reasonable notice.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Company shall not be liable for indirect, incidental, consequential,
exemplary, special, or punitive damages, including lost profits, lost
revenue, lost data, regulatory fines, or business interruption.
All claims, including those arising from confidentiality, data security,
or alleged negligence, are subject to this limitation of liability.
Company's total aggregate liability shall not exceed the greater of:
- amounts paid by Customer in the twelve (12) months preceding the
claim; or\ - $1,000 USD.
10. Indemnification
Customer agrees to defend, indemnify, and hold harmless Company from
claims arising from:
- Customer's use of the Service;
- Customer Data;
- advertising, marketing, or regulatory violations;
- reliance on AI-generated Output;
- third-party claims relating to Customer campaigns.
11. Dispute Resolution & Arbitration
The parties agree to attempt informal resolution for thirty (30) days
before initiating arbitration.
Any dispute shall be resolved by binding arbitration under the Federal
Arbitration Act and administered by the American Arbitration Association
in New Jersey.
Claims must be brought individually. Class actions and jury trials are
waived.
If any portion of this arbitration clause is deemed unenforceable, the
remainder shall remain in effect.
12. Governing Law
These Terms are governed by the laws of the State of New Jersey.
13. Enterprise Agreements
If Customer enters into a separately executed written agreement
(including an MSA), that agreement controls in case of conflict.
14. Force Majeure
Company is not liable for delays or failures due to events beyond
reasonable control.
Contact: Legal inquiry