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 and related automated communication services.

2. Service Description & License

WavyOS provides a cloud-based operations portal for small businesses. We grant you a limited, non-exclusive, non-transferable 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.

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) 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. Limitation of Liability

Wavy Systems LLC is not responsible for any business interruptions, carrier-level message filtering, or loss of revenue resulting from technical downtime or third-party infrastructure failures.

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 constructed in accordance with the laws of the Commonwealth of Virginia. Any disputes arising under these terms shall be subject to the venue of the courts of Prince William County, Virginia.

13. Contact Information