Please read these Terms of Service carefully. They include an arbitration agreement, which means that you agree to resolve disputes through binding arbitration, not in court. You can only pursue claims on an individual basis and not as part of a class action. You may not be able to have your claims resolved by a jury or in court.
wav.xyz ("wav", "wav.xyz", "we", "us," or "our") provides services and related content through our website at https://wav.xyz(the "Site"), mobile applications ("Mobile Apps") and third-party social platforms like Telegram Mini App. Together, the Site, Mobile Apps, and any associated content, tools, features, functionality, and technology are referred to as the "Service." Access to and use of the Service are governed by these Terms of Service, which may be updated periodically. By accessing, browsing, or using the Site, Mobile Apps, or any part of the Service, you confirm that you have read, understood, and agree to these Terms of Service. If you do not agree, you should not use the Service.
We may modify these Terms of Service at any time at our sole discretion. Changes will be posted on this page with the date of the latest revision indicated at the top. We will also notify you of significant changes through the Service interface, pop-up notices, email, or other reasonable means. Continued use of the Service after changes are posted constitutes your acceptance of the new Terms of Service. Review these Terms periodically to stay informed of any updates. If you disagree with any changes, you should stop using the Service.
We respect your privacy. By using the Service, you consent to the collection, use, and disclosure of your data as outlined in our Privacy Policy at https://wav.xyz. Go tohttps://www.wav.xyz/privacy (the "Privacy Policy") for more info.
The Service is designed to process any information, input data and content you provide, such as code, videos, images, text, software, music, sounds, photographs, graphics, messages, and other materials (collectively referred to as "Submissions"). It then generates and returns audio and visual output based on those Submissions ("Output"). Together, Submissions and Output are referred to as "Content." The Service may also include a public forum where users can share Content productively.
You may need to register and provide accurate information about yourself to use certain features of the Service. Users must be at least 13 years old. We may offer a free tier of the Service, but misuse of this tier may result in termination of access.
You are solely responsible for how you use the Service and all Submissions you make available to wav.xyz, whether by uploading through the Service, emailing, or sharing with other users. You are also responsible for any Outputs you generate via the Service. You assume all risks associated with your Submissions, including their transmission, and are solely responsible for their accuracy, quality, legality, and appropriateness. The posting of Content by users does not imply approval or endorsement by wav.xyz. wav.xyz disclaims any liability in connection with Content or any use of the Service. You must not use the Output to compete with wav.xyz, including creating competing products or services. The following are examples of illegal or prohibited Submissions or uses:
If you are blocked from accessing the Service, you agree not to use measures to bypass this restriction, such as masking your IP address or using a proxy or VPN.
Unless expressly authorized, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any part of the Service or any Output for commercial purposes.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and any other equipment or services necessary to download, install, and use the Mobile App. We do not guarantee that the Mobile App will be accessible or usable on any specific device or with any particular service plan. We also do not guarantee that the Mobile App will be available in any specific geographic location or that you can place orders for our paid Services from any location. As part of the Services, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails, or other types of messages ("Push Messages") to update you on the status of deliveries. You acknowledge that your wireless service provider may charge you fees for data, text messaging, and other wireless access, including in connection with Push Messages. You can control the settings for Push Messages and opt in or out through the Services or your mobile device’s operating system, except for occasional important service announcements and administrative messages. Check with your wireless service provider to determine the applicable fees for accessing and using the Mobile App, including receiving Push Messages from wav.xyz. You are solely responsible for any fees, costs, or expenses incurred to download, install, and use the Mobile App on your device, including receiving push messages from wav.xyz.
You acknowledge and agree that the Service may include content or features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by wav.xyz or otherwise specified in these Terms of Service, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part. This restriction does not apply to Content that you upload or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content that is not explicitly authorized herein is strictly prohibited.
The wav.xyz name and logos are trademarks and service marks of wav.xyz (collectively the "wav.xyz Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to wav.xyz. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the wav.xyz Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of wav.xyz Trademarks will inure to our exclusive benefit.
Under no circumstances will wav.xyz be liable for any content or materials provided by third parties (including users), including any errors or omissions in such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that wav.xyz does not pre-screen content, but wav.xyz and its designees have the right (but not the obligation) to refuse or remove any content available via the Service at their sole discretion. Without limiting the foregoing, wav.xyz and its designees have the right to remove any content that violates these Terms of Service or is deemed objectionable by wav.xyz at their sole discretion. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on its accuracy, completeness, or usefulness.
You represent and warrant that you own all rights, title, and interest in and to the Submissions, including all copyrights and publicity rights contained therein, and that you have all necessary rights or have obtained all consents to grant wav.xyz the rights and licenses herein. By using the Service or transmitting Submissions to us, you grant wav.xyz and our affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable (directly and indirectly through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, modify, distribute, create derivative works based on, perform, display, communicate, transmit, and otherwise make available any and all Content (in whole or in part) in any media now known or hereafter developed, in connection with the provision, use, monetization, promotion, marketing, and improvement of our products and services, including the Service and the artificial intelligence and machine learning models related to the Service. This license authorizes us to make your Content available to and sublicense Content to other users of the Service as necessary to provide the Service, and you further grant to wav.xyz the worldwide, fully paid-up, sublicensable, assignable, perpetual, and irrevocable right to identify to the public (both on and off the Service) that Output (or any of it) was generated via the Service. This use by wav.xyz and other users of the Service is without compensation to you, as your use of the Service is considered sufficient compensation for the Content and rights granted herein. Furthermore, you irrevocably waive any and all "moral rights" or "droit moral" that may exist in or in connection with the Content. You acknowledge that if you include personally identifiable information in the Submissions, we may republish such information. Although wav.xyz has no obligation to monitor the Content, you acknowledge and agree that we may (i) monitor the Content; (ii) alter, edit, or remove any Content in whole or in part; or (iii) disclose any Content.
If you are a paid-tier subscriber, wav.xyz assigns to you all rights, title, and interest in any Output owned by wav.xyz and generated from Submissions made by you during your subscription term. However, due to the nature of machine learning, wav.xyz makes no representation or warranty that any copyright will vest in any Output.
If you are a free-tier user, you agree to use Outputs generated from Submissions solely for lawful, internal, personal, and non-commercial purposes, with proper attribution to wav.xyz in each case.
Output may be publicly available in third-party applications like Discord, where it can be viewed, downloaded, and modified by other users. If the Output becomes publicly available in such third-party applications, other users have the right to access, display, view, store, modify, and copy such Output. You can change your settings to keep Output private.
Due to the nature of machine learning, Output may not be unique across users, and the Service may generate the same or similar Output for different users. Output generated for other users is not your Content.
You authorize wav.xyz and its third-party service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Feedback") provided by you to wav.xyz are non-confidential, and wav.xyz is entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that wav.xyz may preserve Content and may also disclose Content if required by law or in the good faith belief that such preservation or disclosure is necessary to: (a) comply with legal processes, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates third-party rights; or (d) protect the rights, property, or personal safety of wav.xyz, its users, or the public. You understand that the technical processing and transmission of the Service, including Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service may display, include, make available, or provide links or access to services, sites, software, applications, content, data, technology, and resources provided by third parties ("Third-Party Services"). You may also log in to the Service via various online Third-Party Services, such as social media and networking services like Discord. Your access and use of these Third-Party Services may be subject to additional terms, conditions, privacy policies, or other agreements with the third parties. You may need to authenticate or create separate accounts to use these Third-Party Services on their respective platforms. Some Third-Party Services will provide us with access to certain information you have given to third parties, including through such integrations, and we will use, store, and disclose this information according to our Privacy Policy. For more details on the implications of activating Third-Party Services and our use, storage, and disclosure of your information related to your use of such services within the Service, please see our Privacy Policy.
wav.xyz has no control over and is not responsible for Third-Party Services, including the accuracy, availability, reliability, or completeness of information shared by or available through them, or their privacy practices. We encourage you to review the privacy policies of third parties providing Third-Party Services before using such services. You, not wav.xyz, will be responsible for any costs and charges associated with your use of any Third-Party Services. wav.xyz provides access to these Third-Party Services merely as a convenience, and their inclusion does not imply endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. wav.xyz will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.
wav.xyz may seek compensation for damages (including reasonable attorneys' fees and costs) from you if we incur any losses due to your breach of these Terms of Service.
If you commit any of the prohibited acts under this article, wav.xyz may suspend your user account.
wav.xyz shall be able to suspend the operation of all or part of the Service for any of the following reasons, and we assume no liability for any losses you may incur due to such suspension, except in cases where such losses are due to our willful default or gross negligence.
(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Company may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Company, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
For questions or concerns, contact us at [email protected].