Terms of Use—Wavecomp.ai


Welcome to www.wavecomp.ai (together with any affiliate website, the “Site”). This Site, and any trademarks, service marks, logos and content, are owned and operated by Wave Computing, Inc. and its respective subsidiaries (collectively, “Wave Computing”, “Wave”, “we”, “our” or “us”) to provide information about Wave Computing® products and services. The terms “you”, “your” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Site.

READ THESE TERMS OF USE CAREFULLY - If you do not agree to these Terms, do not use this Site.

WAVE MAY IN ITS SOLE DISCRETION UPDATE OR REVISE THESE TERMS ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH UPDATE OR REVISION AND SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY UPDATE OR REVISION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY/RECOURSE IS TO DISCONTINUE USE OF THIS SITE.

The following terms and conditions of use (“Terms” or “Terms of Use”) constitute a legally binding contract between Wave and you which govern your use of this Site. By accessing, browsing and/or using this Site, you represent and warrant that you are at least 18 years of age and have the requisite power and authority or all permissions necessary to enter into and be bound by this agreement and you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. and other applicable export and re-export control laws and regulations.

Other Terms and Conditions: Some products and services, or forums such as blogs and social media, may be accessible through this Site that are subject to other or additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, the additional terms and conditions shall prevail.

Use Restrictions on Content: The material provided on this Site is protected by law, including, but not limited to, U.S. copyright law and international treaties. The copyright in all material provided on this Site is held, reserved and retained solely by Wave, its parent or (if and where applicable) by Wave’s licensors (the "Third Party Providers"). No license to content or information is provided by this Site unless expressly stated in writing by Wave. Except as stated herein or as expressly authorized on this Site, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Wave’s or the copyright owner’s prior written permission.

If permission is requested by you, and granted in writing, such permission is granted to display, copy, distribute and download the applicable materials on this Site only for personal, non-commercial use, provided you do not modify the materials, and retain and attribute all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you or anyone acting on your behalf breaches any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Do not "mirror" any material contained on this Site on any other server. Nothing on this Site shall be construed as conferring any license to you from Wave or any Third Party Provider, whether by estoppel, implication, or otherwise absent written license or permission, and you have sole responsibility to obtain such licenses or permissions by separate written agreement. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and in such case you are solely responsible.

Software/Documentation (Downloaded Items) Use Restrictions: You acknowledge that any software and/or documentation that may be available to download from the Site ("Downloaded Items") is Wave’s copyrighted work or the work of any applicable Third Party Providers (including where indicated for software, open source providers). You agree that use of Downloaded Items is governed by the terms of the license agreement which accompanies or is included with Downloaded Items (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of Downloaded Items is expressly prohibited. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, DOWNLOADED ITEMS ARE PROVIDED ON AN "AS-IS" AND "WHERE-IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES REGARDING DOWNLOADED ITEMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS ANY INDEMNITY OR OTHER COVERAGES OF LIABILITY RELATING TO DOWNLOADED ITEMS, ARE HEREBY EXPRESSLY DISCLAIMED BY WAVE AND WAVE PARTIES (AS DEFINED BELOW).

Acceptable Use Policy: If and whenever the Site provides a platform or exchange of information, it is subject to acceptable uses.

  • Be respectful of others. Engage with others constructively and politely. People may disagree, but Site users must be civil, respectful, and considerate to other Site users. Hate speech or statements/content that attack or disparage individuals or group based on race, gender, religion, nationality, ethnicity, political group, sexual orientation or similar characteristics is disallowed.  Adult, obscene or vulgar content is strictly prohibited.
  • Bullying, ridiculing or harassing is prohibited. No threatened or actual abusive, bullying, ridiculing or harassing behavior is allowed relating to the Site, including stalking or other forms of unwanted contacts. Threats of harm to others or self-harm, or any advocacy of intolerance or violence, is also not allowed.
  • Use your real name or legally incorporated business name, and use credentials and identifiers that are accurate and truthful. Do not use multiple accounts, deliberate pseudonyms or any other deceptive identifying behavior.
  • Use proper attribution (with quotations where appropriate) when quoting or referencing third party sources. Do not post, use or reference content on the Site that violates or infringes another party’s intellectual property rights.
  • Do not use Site to post or attract spam, and do not contribute viruses, malware, and other malicious programs or engage in activity that harms or interferes with Wave’s operations or seeks to circumvent security or authentication measures. Do not use the Site for illegal or dangerous activity.
  • Follow all applicable Wave policies as posted by Wave from time to time. Report to Wave anything violating this or any other Wave policy or rules. Wave reserves the right to remove content and/or user access to respond to violations of this Acceptable Use Policy.

Privacy Practices: Any personal information that may be provided to Wave through this Site or its usage will be handled in accordance with the Privacy Statement, available by clicking HERE. Your use of this Site is subject to your consent to the Privacy Statement. The terms of the Privacy Statement are incorporated into these Terms of Use by this reference.

Submitted Ideas: If you transmit information to Wave outside of a nondisclosure agreement already in place, any material, information or idea you transmit by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Wave without compensation to you for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products, technology and our intellectual property rights, unless otherwise agreed in writing by an authorized Wave representative.

Feedback: We welcome and encourage you to provide feedback, comments and suggestions to Wave for improvements relating to this Site, our products and our technology (collectively, “Feedback”). You may submit Feedback by emailing us at info@wavecomp.com, or via any link to contact us on the Site. We own any Feedback you submit to us freely and at our discretion, and without compensation to you.

Access from Outside the United States: This Site is controlled and operated by Wave from its offices within the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Access to materials in this Site from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws and regulations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the content of the Site or other materials available through this Site (the "Materials") may be subject to the U.S. Export Administration Laws and Regulations and where applicable export laws of other countries, and that diversion of such Materials contrary to U.S. law or the law of other applicable countries is prohibited. You agree that none of the Materials, nor any direct product or technology, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the U.S. Government (or other relevant government) for such purposes. You agree to comply strictly with all export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. You also agree to comply with all applicable U.S. and other anti-bribery and anti-corruption laws if and to the extent applicable to your access to or use of this Site.

Links to Third-Party Sites and Co-Branded Sites: The Site may contain links to third-party websites or applications. However, we are not responsible for and do not control these other sites. The Site may also contain links to co-branded web sites that are maintained by third parties by agreement with us. Wave makes no representations whatsoever about any other website which you may access through the Site. When you access a third party operated website, even one that may contain a Wave company logo, please understand that it is up to you to take precautions to ensure that for whatever website you access that you agree with that website’s terms of use and that the website is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAVE, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WAVE PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL THE WAVE PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WAVE PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WAVE PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE WAVE PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WAVE PARTIES, FOR, ANY CLAIMS RELATED TO THE SITE.

Disclaimer on Information: ALL INFORMATION PROVIDED BY WAVE ON THE SITE IS ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS ONLY. WAVE AND WAVE PARTIES (DEFINED ABOVE) PROVIDE NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, NOR ANY INDEMNITY OR OTHER COVERAGES OF LIABILITY, RELATING TO SUCH INFORMATION.  UNLESS AGREED OTHERWISE IN WRITING BY WAVE, WAVE RETAINS OWNERSHIP TO INFORMATION PROVIDED ON THIS SITE.

Copyright Policy: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wave with the following information to the below contact:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. a description of where the material that you claim is infringing is located on the Site, including the URL;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Correspondence relating to copyright infringement can be sent using the following contact information:

Wave Computing, Inc.:
Attn: Legal
42 W. Campbell Avenue, Suite 301
Campbell, CA 95008 USA
Email: copyright@wavecomp.com

U.S. Government Restricted Rights: The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of our proprietary rights in them.

Choice of Law: Any claim relating to this Site or its use and materials herein is governed by the laws of the State of California, USA without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising out of or relating to your access to and use of the Site. You further agree and covenant not to bring suit in any other jurisdiction. You expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods to your access or use of this Site or its contents. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Trademark Attribution Statement: Wave Computing® is a U.S. registered trademark of Wave Computing, Inc. The Wave Computing® logo, and Versipoint™ are trademarks of Wave Computing, Inc.  Other trademarks are used for identification purposes only and may be the property of their respective owners. ©2018 Wave Computing, Inc. and its applicable subsidiaries.  All rights reserved.