Terms of Service

1. Agreement to Terms

By accessing WavyOS, operated by Wavy Systems LLC (“Company,” “we,” “us,” or “our”), you (“Client,” “User”) agree to be bound by these Terms of Service. These terms govern your use of our cloud-based operations portal, automated communication services, and financial recordkeeping tools (collectively, the “Services”). If you do not agree, do not use the Services.

2. Service Description & License

WavyOS provides a cloud-based operations portal for small businesses, including an AI assistant, storefront, and WavyBooks financial recordkeeping tools. We grant you a limited, non-exclusive, non-transferable, revocable license to access the platform for your internal business operations. You may not resell, sublicense, or reverse-engineer the software.

3. AI-Powered Services Disclaimer

WavyOS utilizes artificial intelligence to process and respond to direct messages received by your Instagram Business account. By using WavyOS, you acknowledge and agree that:

• An AI system (not a human) generates responses to your customers on your behalf.
• AI-generated responses may occasionally contain inaccuracies or misunderstandings. You are responsible for monitoring conversations and correcting errors.
• Wavy Systems LLC is not liable for any damages, lost sales, or customer disputes arising from AI-generated responses.
• You are solely responsible for the content and conduct of your Instagram Business account.

4. SMS & Automated Communications (10DLC Compliance)

WavyOS facilitates automated transactional SMS communications, including but not limited to order confirmations, pickup alerts, and account notifications.

• User Responsibility: You represent and warrant that you have obtained express, verifiable consent from every recipient before triggering a message through WavyOS.
• Opt-In Requirements: Your customer-facing forms must include clear opt-in language stating that by providing a phone number, the customer agrees to receive transactional SMS messages.
• Commands: Recipients can text HELP for assistance or STOP to cancel at any time.
• Fees: Standard message and data rates may apply.
• Frequency: Message frequency varies based on order status and user interaction.

By providing your phone number during the WavyOS onboarding process, you consent to receive transactional SMS messages from Wavy Systems LLC. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to opt out. Reply HELP for help. Privacy Policy: https://wavyautomations.com/privacy-policy Terms: https://wavyautomations.com/terms-of-service

5. Fees and Payments

WavyOS subscriptions include a one-time setup fee and a recurring monthly subscription fee as outlined in your service agreement. Setup fees are non-refundable and due upon onboarding. Subscription fees are billed monthly in advance. Annual contracts are available at a discounted rate and are billed upfront for the full term.

Failure to pay may result in immediate suspension of all WavyOS services, including API access, automated messaging, and portal access. All fees are non-refundable.

5.1 WavyBooks — Financial Recordkeeping Tools Disclaimer

WavyBooks is a financial recordkeeping tool designed to help small business owners organize income, expenses, and invoices. By using WavyBooks, you expressly acknowledge and agree to all of the following:

• Not accounting or tax advice. WavyBooks does not provide accounting advice, tax advice, legal advice, or financial planning services of any kind. No information generated by WavyBooks constitutes a recommendation as to any tax position, deduction, or filing strategy.
• Not a substitute for a CPA or tax professional. WavyBooks is not a replacement for a licensed CPA, enrolled agent, bookkeeper, or other qualified tax professional. You are solely responsible for the accuracy and completeness of your tax filings.
• AI categorization is informational only. Expense categories suggested by WavyBooks's AI receipt scanner — including Schedule C line-item classifications — are informational estimates only. They may be inaccurate, incomplete, or inconsistent with IRS guidance. You are responsible for verifying and correcting all categorizations before relying on them for tax purposes.
• No IRS certification or guarantee. WavyBooks is not certified, endorsed, or approved by the Internal Revenue Service. Wavy Systems LLC makes no representations or warranties that use of WavyBooks will result in accurate tax filings, reduced tax liability, or IRS compliance.
• Export accuracy is your responsibility. Any CSV, report, or export generated by WavyBooks reflects only the data you have entered or that the AI has extracted from uploaded documents. Wavy Systems LLC is not responsible for missing entries, OCR errors, duplicate records, or any discrepancy between WavyBooks records and actual financial activity.
• Payment processing via Stripe. Invoice payments are processed by Stripe, Inc. Wavy Systems LLC is not responsible for Stripe service outages, holds, disputes, chargebacks, or payment failures. Stripe's terms of service govern all payment processing.

6. Service Availability

WavyOS is provided on an “as-is” and “as-available” basis. We do not guarantee uninterrupted or error-free service. System status is available at status.wavyautomations.com. Wavy Systems LLC is not liable for service interruptions caused by third-party infrastructure providers, Meta platform changes, carrier-level message filtering, or circumstances beyond our reasonable control.

7. Data Ownership & Privacy

You retain ownership of all business data (orders, customer lists, financial records) entered into the system. Use of your data is governed by our Privacy Policy, which is incorporated here by reference.

7.1 Instagram & Meta Platform Integration

By connecting your Instagram Business account to WavyOS, you authorize Wavy Systems LLC to access and manage direct messages on your behalf through Meta's official Instagram Graph API. You represent and warrant that:

• You are the authorized owner or administrator of the connected Instagram Business account
• Your use of WavyOS complies with Meta's Platform Terms and Developer Policies
• You will not use WavyOS to send spam, unsolicited messages, or any content that violates Meta's Community Standards
• You understand that Meta may revoke API access at any time, which may result in interruption of WavyOS services

You may disconnect your Instagram account from WavyOS at any time through your Instagram settings under “Apps and Websites.” Disconnection does not entitle you to a refund of any prepaid subscription fees.

8. Termination

Either party may terminate this agreement with 30 days written notice via email to the other party. Upon termination:

• Your access to the WavyOS portal will be deactivated at the end of your current billing period.
• Automated messaging services will cease immediately upon deactivation.
• Your business data will be retained for 30 days following termination, after which it will be permanently deleted in accordance with our Privacy Policy.
• No refunds will be issued for unused portions of prepaid subscription fees or setup fees.
• Wavy Systems LLC reserves the right to terminate your access immediately for violation of these terms, misuse of the platform, or non-payment.

9. Intellectual Property

All intellectual property rights in WavyOS, including but not limited to the software, AI models, conversation logic, user interface, branding, and documentation, are and remain the exclusive property of Wavy Systems LLC. You retain full ownership of your business data entered into the system. This agreement does not transfer any WavyOS intellectual property rights to you.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAVY SYSTEMS LLC HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;
• That the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• That any AI-generated content, financial categorization, expense estimate, or WavyBooks output will be accurate, complete, or suitable for any specific purpose; or
• That the Services will meet any particular regulatory or compliance requirement.

You use the Services entirely at your own risk. No oral or written information or advice given by Wavy Systems LLC or its representatives creates a warranty.

10.1 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAVY SYSTEMS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption;
• Damages arising from carrier-level message filtering, Meta platform changes, Stripe outages, or third-party infrastructure failures;
• Damages arising from reliance on WavyBooks financial categorizations, AI-generated expense classifications, P&L reports, exported CSV files, or any other financial output generated by the Services; or
• Any tax penalties, IRS assessments, audit costs, or professional fees incurred as a result of relying on WavyBooks output.

IN ALL CASES, WAVY SYSTEMS LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO WAVY SYSTEMS LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS (USD $100.00).

Some jurisdictions do not allow the exclusion of implied warranties or certain limitation of liability, so some of the above limitations may not apply to you. In those jurisdictions, Wavy Systems LLC's liability is limited to the greatest extent permitted by law.

10.2 Indemnification

You agree to defend, indemnify, and hold harmless Wavy Systems LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of or access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right; (d) any claim by a customer, taxing authority, or third party arising from your use of WavyBooks or any financial recordkeeping output generated by the Services; or (e) any content you submit, post, or transmit through the Services. This defense and indemnification obligation survives termination of this agreement.

11. Modifications to Terms

Wavy Systems LLC reserves the right to modify these Terms of Service at any time. We will notify active clients of material changes via email at least 14 days before the updated terms take effect. Continued use of WavyOS after the effective date of updated terms constitutes acceptance. If you do not agree with updated terms, you may terminate your subscription in accordance with Section 8.

12. Governing Law

These terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Subject to the mandatory arbitration agreement in Section 13, any disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the state and federal courts located in Prince William County, Virginia, and you hereby consent to personal jurisdiction in those courts.

13. Dispute Resolution & Binding Arbitration

Please read this section carefully. It affects your rights and how disputes between you and Wavy Systems LLC will be resolved.

Informal resolution first. Before initiating any formal proceeding, you agree to contact us at support@wavyautomations.com and describe the dispute in reasonable detail. We will attempt to resolve the dispute informally within 30 days. If informal resolution fails, either party may initiate arbitration as set forth below.

Binding arbitration. Except for claims that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including disputes regarding their existence, validity, interpretation, performance, breach, or termination — shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, seated in Prince William County, Virginia (or by videoconference at either party's request). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

Exceptions. Either party may bring claims in small claims court for disputes within that court's jurisdiction. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use of the Services pending arbitration.

14. Contact Information