Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Wave Business Solutions LLC, a Missouri limited liability company ("Wave Growth Engine," "we," "us," or "our"), governing your access to and use of our reputation management software platform and related services (the "Platform").

If you are accepting these Terms on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

Wave Growth Engine provides a SaaS platform that enables local business owners to:

• Send review request messages (SMS and/or email) to their customers
• View and respond to Google Business Profile reviews
• Monitor reputation metrics and review activity
• Import and manage customer contact information

The Platform integrates with third-party services including Google Business Profile, GoHighLevel, and others. Features and availability may change over time. We will provide reasonable notice of material changes.

3. Account Registration and Access

To use the Platform, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

You must be at least 18 years old and legally capable of entering into binding contracts to use this Platform.

4. Subscriptions and Payment

Access to the Platform requires a paid subscription. Subscription fees, billing cycles, and plan details are presented at the time of purchase and may be updated from time to time. All fees are in US dollars.

• Subscriptions renew automatically unless cancelled before the renewal date
• You may cancel your subscription at any time; access continues through the end of the current billing period
• We do not offer refunds for partial billing periods except where required by law
• We reserve the right to change pricing with 30 days' advance notice to active subscribers

Payments are processed by Stripe, Inc. By providing payment information, you agree to Stripe's terms of service.

5. Your Responsibilities and Acceptable Use

By using the Platform, you agree to:

• Comply with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state-level consumer protection or telemarketing laws
• Only send review request messages to individuals who have an existing business relationship with you and from whom you have obtained appropriate consent where required by law
• Not use the Platform to send unsolicited messages, spam, or harassing communications
• Not incentivize, purchase, or artificially inflate reviews in violation of Google's review policies or applicable law
• Maintain accurate and current contact information in your account
• Not attempt to reverse engineer, decompile, or circumvent any aspect of the Platform
• Not use the Platform in any way that could damage, disable, or impair our infrastructure

6. SMS Messaging and Consent

By using the Platform's SMS features, you agree to the following:

• You will only submit phone numbers to the Platform for individuals who have provided express prior consent to receive text messages from your business, using a compliant opt-in mechanism as required by the Telephone Consumer Protection Act (TCPA) and applicable carrier guidelines
• Your opt-in forms must include a non-pre-checked, optional SMS consent checkbox with visible disclosure language that includes your business name, message types, message frequency, "Message and data rates may apply," and opt-out instructions ("Reply STOP to unsubscribe")
• You are solely responsible for maintaining records of consent, including timestamps and the opt-in language presented to each recipient
• You will honor opt-out requests immediately and not re-add opted-out contacts to SMS messaging lists
• You will not use the Platform to send messages containing prohibited content categories as defined by CTIA and The Campaign Registry (TCR), including but not limited to cannabis, firearms, gambling, payday lending, and sexually explicit content
• You are responsible for completing A2P 10DLC brand and campaign registration for your business before sending SMS messages through the Platform. Unregistered SMS traffic is blocked by US carriers and is your compliance responsibility, not ours

Mobile information collected through SMS opt-in will not be shared with third parties or affiliates for marketing or promotional purposes. Wave Growth Engine processes SMS messages solely on your instruction as the data controller.

7. Your Data and Content

You retain ownership of all customer data, business information, and content you submit to the Platform ("Client Data"). By submitting Client Data, you grant Wave Growth Engine a limited license to process that data solely to provide the Platform's services to you.

You represent and warrant that you have the right to submit Client Data to the Platform and that doing so does not violate any applicable law or third-party rights.

We act as a data processor with respect to consumer contact information you submit. You are the data controller and are responsible for the lawfulness of that data collection and submission.

8. Third-Party Integrations

The Platform connects to third-party services including Google Business Profile and GoHighLevel. Your use of those services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or actions of third-party services. Loss of access to a third-party integration (e.g., Google revoking API access) does not constitute a breach of these Terms by us.

9. Intellectual Property

The Platform, including its software, design, trademarks, and content, is owned by Wave Growth Engine and protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in the Platform. You may not use our name, logo, or branding without prior written permission.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

We do not guarantee any particular number of reviews, improvement in ratings, or business outcomes from use of the Platform.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAVE GROWTH ENGINE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE THREE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Wave Business Solutions LLC and its members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any law or third-party rights; or (d) any consumer contact data you submit to the Platform.

14. Term and Termination

These Terms remain in effect for the duration of your subscription. Either party may terminate for any reason upon written notice. We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law.

Upon termination, your right to access the Platform ceases immediately. We will retain your data for up to 90 days after termination, after which it will be deleted, unless we are required to retain it for legal reasons.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Missouri, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved in the state or federal courts located in Missouri, and you consent to personal jurisdiction in those courts.

Before initiating any formal legal proceedings, the parties agree to attempt to resolve disputes informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days.

16. Changes to These Terms

We may update these Terms from time to time. We will notify active subscribers of material changes by email at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance.

17. Contact