Terms of Service | Wavigate

1. Acceptance of Terms

By accessing or using Wavigate ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.

2. Description of Service

Wavigate is a web-based platform that allows music producers and audio engineers to upload two or more versions of an audio file, create a shareable link, and collect feedback from listeners via A/B comparisons, comments, and markers.

3. User Accounts

You must create an account to access most features of the Service. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must be at least 13 years old to use the Service.

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4. Plans and Billing

Wavigate offers three plans: Free (up to 3 projects), Pro ($9/month, up to 20 projects), and Studio ($29/month, unlimited projects).

Paid plans are billed monthly or annually through Stripe. You may cancel at any time; your subscription remains active until the end of the current billing period. We do not offer refunds for partial periods unless required by applicable law.

We reserve the right to change our pricing with 30 days' notice. Continued use of a paid plan after a price change constitutes acceptance of the new pricing.

5. User Content

You retain all rights to the audio files and other content you upload to Wavigate ("User Content"). By uploading User Content, you grant Wavigate a limited, non-exclusive, royalty-free license to host, store, and serve your content solely for the purpose of providing the Service.

You represent and warrant that: (a) you are the original creator of the User Content, or you hold all necessary rights, licenses, consents, and permissions to upload, share, and grant the rights described herein; (b) your User Content does not infringe, misappropriate, or violate any copyright, trademark, trade secret, right of publicity, or any other intellectual property or proprietary right of any third party; and (c) your User Content complies with all applicable laws and regulations.

Wavigate does not pre-screen User Content and is not responsible for verifying the ownership or licensing status of any audio file uploaded by users. All responsibility for ensuring proper rights clearance rests solely with the uploading user.

We reserve the right to remove any User Content that violates these Terms or applicable law, and to suspend or terminate accounts of repeat infringers.

6. Prohibited Uses

You agree not to:

Upload content that infringes copyright or other intellectual property rights
Upload content you do not own or have explicit written permission to distribute
Use the Service to distribute malware or engage in illegal activity
Attempt to reverse-engineer, scrape, or circumvent the Service's security
Use automated means to create accounts or upload content in bulk
Harass or harm other users

7. Copyright Policy (DMCA)

Wavigate respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"). We do not monitor User Content prior to upload and are not responsible for content uploaded by users. If you believe that content on the Service infringes your copyright, you may submit a takedown notice.

To submit a DMCA takedown notice, send a written notification to our designated agent at beats@lambdabeats.com that includes:

Your full legal name and contact information (address, phone, email)
A description of the copyrighted work you claim has been infringed
The URL or sufficient detail to identify the infringing content on our Service
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
Your electronic or physical signature

Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification to the same address above. We will restore the content unless the copyright claimant seeks a court order within 10 business days of receiving your counter-notification.

Repeat Infringer Policy

In accordance with the DMCA and applicable law, Wavigate has adopted a policy of terminating accounts of users who are determined to be repeat infringers of intellectual property rights.

Disclaimer of Liability

Wavigate acts solely as a passive conduit for user-uploaded content and does not select, edit, or endorse any User Content. Wavigate is not liable for any copyright infringement caused by User Content uploaded by third parties, provided that Wavigate acts expeditiously to remove infringing content upon receiving a valid takedown notice.

8. Limitation of Liability

To the maximum extent permitted by law, Wavigate and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Service.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

9. Account Termination

You may close your account at any time from the billing settings page. Upon termination, your audio files stored on Cloudflare R2 will be deleted. We may suspend or terminate accounts that violate these Terms.

10. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or a notice on the Service. Your continued use after changes take effect constitutes acceptance of the revised Terms.

11. Beta Service

Wavigate is currently in beta. This means the Service is still under active development and may change at any time without notice.

Features may be added, modified, or removed without prior notice
The Service may experience downtime, outages, or periods of unavailability
Data loss, while unlikely, cannot be fully excluded during the beta phase
We strongly recommend keeping local copies of all audio files you upload

By using the Service during beta, you acknowledge these risks and agree that Wavigate shall not be liable for any loss or damage resulting from them.

12. Governing Law

These Terms are governed by the laws of the jurisdiction in which Wavigate operates, without regard to conflict-of-law principles. Any disputes shall be resolved through binding arbitration or in courts of competent jurisdiction.

13. Contact

For questions about these Terms, please contact us at beats@lambdabeats.com.