Terms of Service

1. Acceptance of Terms

By creating an account or using the Service, you confirm that:

• You are at least 18 years old or have parental/guardian consent
• You have the legal capacity to enter into a binding agreement
• You will comply with these Terms and all applicable laws

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Account Registration

2.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• A valid email address
• A secure password

We use Cloudflare Turnstile to prevent automated account creation. By signing up, you consent to this verification process.

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We are not liable for losses arising from unauthorized use of your account.

2.3 Account Types

The Service offers different account tiers with varying features and limits:

• Free accounts have limitations on members, objects (projects, songs, contacts), and features
• Paid accounts unlock additional features including custom fields, custom tags, invoicing, exporting, and calendar subscriptions
• Feature availability and limits are described on our pricing page and may change

3. Workspaces and Collaboration

3.1 Workspaces

The Service operates on a workspace model. You may:

• Create and manage your own workspaces
• Be invited to join other users' workspaces
• Switch between multiple workspaces

3.2 Workspace Invitations

• Workspace owners and administrators can invite others via email
• Invitations are sent to the email address provided
• Invitation tokens expire after a reasonable period
• Accepting an invitation grants access to shared workspace data

3.3 Roles and Permissions

Workspaces support different user roles with varying permissions:

• Administrators have full access to workspace settings and data
• Members have access as configured by administrators
• Role-based access controls determine what actions each user can perform

4. User Content

4.1 Your Content

You retain ownership of all content you create, upload, or store on the Service, including:

• Projects and songs
• Contacts and people
• Events, dates, and tasks
• Notes and descriptions
• Files and media
• Custom fields and tags

4.2 License to Hey Wav

By uploading content to the Service, you grant Hey Wav a limited, non-exclusive license to:

• Store and process your content to provide the Service
• Display your content to authorized users (workspace members, public profile viewers)
• Create backups for data protection

This license terminates when you delete your content or account, except for:

• Content shared with other users that they have copied
• Aggregated, anonymized data that cannot identify you
• Backups retained for a reasonable period

4.3 Content Restrictions

You agree not to upload, post, or transmit content that:

• Infringes intellectual property rights of others
• Contains malware, viruses, or harmful code
• Is illegal, defamatory, harassing, or abusive
• Violates the privacy or rights of others
• Impersonates another person or entity

4.4 Content Moderation

We reserve the right to:

• Remove or hide content that violates these Terms
• Suspend accounts that repeatedly violate content policies
• Report illegal content to appropriate authorities

5. Product Radar (Public Features)

5.1 Product Submissions

If you submit products to the Hey Wav Radar:

• Submissions are subject to approval before public display
• You must have rights to all submitted content (images, descriptions, links)
• Approved products become publicly visible
• We may feature, promote, or highlight submissions at our discretion

5.2 Voting and Comments

• Voting limits may apply to prevent manipulation
• Comments are publicly visible and associated with your profile
• We may hide or remove comments that violate these Terms
• Vote counts and rankings may be adjusted to ensure fairness

5.3 Public Profiles

Your public profile displays:

• Name, photo, bio, and links you provide
• Your recent activity (votes, comments, collections)
• Collections you choose to publish

You can control some profile visibility through your settings.

6. Files and Storage

6.1 File Uploads

The Service allows you to upload files subject to:

• Size limits: 5MB maximum for product submission images
• Type restrictions: Certain file types may be restricted (e.g., JPG, PNG, WebP for submissions)
• Storage limits: Based on your account tier

6.2 File Responsibility

You are solely responsible for:

• Ensuring you have rights to upload files
• The content of files you upload
• Backing up important files independently

6.3 Media Library

Files in your workspace media library:

• Are accessible to workspace members
• Can be deleted permanently (hard delete)
• May be used across multiple projects within your workspace

7. Integrations and Webhooks

7.1 Form Webhooks

You may configure webhooks to send form submission data to external URLs. You are responsible for:

• The security of external webhook destinations
• Compliance with data protection laws for data sent externally
• Any consequences of sending data to third-party services

7.2 Third-Party Services

The Service integrates with third-party providers for functionality. Your use of these integrations is subject to those providers' terms of service.

8. Data Deletion and Retention

8.1 Soft Delete and Trash

When you delete content:

• Items are moved to Trash (soft delete)
• Deleted items can be recovered from Trash
• Items in Trash are marked with deletion timestamp and the user who deleted them

8.2 Permanent Deletion

• You may permanently delete items from Trash
• File deletions (media library) are permanent and immediate
• Some data may be retained in backups for a reasonable period

8.3 Account Deletion

To delete your account:

• Use the "Delete Account" feature in your account settings
• You will have a 30-day grace period to cancel the deletion
• Personal data will be deleted after the grace period
• Workspace data you created may be retained if the workspace has other members
• Some data may be retained for legal compliance (e.g., payment records for 7 years)

9. Acceptable Use

9.1 Prohibited Activities

You agree not to:

• Use the Service for illegal purposes
• Attempt to gain unauthorized access to systems or data
• Interfere with the Service's operation or security
• Scrape, crawl, or harvest data without permission
• Create multiple accounts to circumvent limits
• Resell or redistribute the Service without authorization
• Use automated systems to interact with the Service (except approved APIs)

9.2 Rate Limits

We may impose rate limits on API usage and certain features to ensure fair access for all users.

10. Intellectual Property

10.1 Hey Wav Property

The Service, including its design, features, code, and branding, is owned by Hey Wav and protected by intellectual property laws. You may not copy, modify, or distribute our intellectual property without permission.

10.2 Feedback

If you provide feedback or suggestions, we may use them without obligation to compensate you.

10.3 Copyright Complaints (DMCA)

We respect intellectual property rights and respond to notices of alleged infringement. If you believe content on Hey Wav infringes your copyright, you may submit a takedown request to our designated agent.

To file a DMCA takedown notice, please provide:

1. A physical or electronic signature of the copyright owner or authorized representative
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing, with sufficient information for us to locate it
4. Your contact information (address, phone number, email)
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf

Send DMCA notices to:

• Email: support@heywav.com
• Subject line: DMCA Takedown Request

We will respond to valid DMCA notices and may remove or disable access to infringing material. Repeat infringers may have their accounts terminated.

Counter-Notification: If you believe your content was wrongly removed, you may submit a counter-notification with similar requirements. We will process counter-notifications in accordance with the DMCA.

11. Payment Terms

11.1 Paid Features

Certain features require a paid subscription. By subscribing:

• You authorize us to charge your payment method
• Subscriptions renew automatically unless cancelled
• Prices may change with reasonable notice

11.2 Refunds

Refund policies are described on our website. Generally:

• We do not offer refunds for partial subscription periods
• Unused features are not refundable

12. Disclaimers

12.1 Service Availability

The Service is provided "as is" and "as available." We do not guarantee:

• Uninterrupted or error-free operation
• That the Service will meet your specific needs
• The accuracy of any information provided

12.2 No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for indirect, incidental, special, or consequential damages
• Our total liability is limited to the amount you paid us in the 12 months preceding the claim
• We are not liable for loss of data, revenue, or profits

14. Indemnification

You agree to indemnify and hold harmless Hey Wav, its officers, directors, employees, and agents from claims arising from:

• Your use of the Service
• Your content
• Your violation of these Terms
• Your violation of third-party rights

15. Changes to Terms

We may update these Terms from time to time. When we do:

• We will post the updated Terms on this page
• We will update the "Last Updated" date
• For material changes, we may notify you via email or in-app notification

Continued use of the Service after changes constitutes acceptance.

16. Termination

16.1 By You

You may stop using the Service and delete your account at any time.

16.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• Your account is inactive for an extended period
• We discontinue the Service

16.3 Effect of Termination

Upon termination:

• Your right to use the Service ends immediately
• We may delete your data after a reasonable period
• Provisions that should survive termination will remain in effect

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

17.2 Informal Resolution

Before filing a legal claim, you agree to try to resolve disputes informally by contacting us at support@heywav.com.

17.3 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Hey Wav.

18.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

18.3 Waiver

Failure to enforce any provision does not waive our right to enforce it later.

18.4 Assignment

You may not assign your rights under these Terms. We may assign our rights to a successor or affiliate.

19. Contact Us

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

• Email: support@heywav.com
• Company: Hey Wav, Inc., a Delaware corporation