WaverateI.General Conditions
A.Welcome to Waverate! These Terms and Conditions (“Agreement”, “Terms and Conditions”, or “Terms”) set forth the clauses outlining the rules and restrictions that govern your access and use of the Waverate mobile application (the “App”) as owned by the business entity Avlory (“Avlory”, “we”, “us”, “our”).
II.Acceptance of Terms
A.These Terms and Conditions apply to all “Users" (Individuals who access Waverate’s services). By clicking “I Agree” and accessing the App’s free or paid services, you have read this Agreement and agree to comply and be bound by these Terms and Conditions and our Privacy Policy. We reserve the right to modify these Terms and Privacy Policy at any time. You will be notified by email or in-app message 14 days prior to the date when changes take effect. Your usage of the App following this notice period will constitute your acceptance of the revised Terms. If you do not agree to these Terms, you may not use this App or have access to its services.
1.Eligibility:
a)You must be at least 13 years of age to use Waverate if you reside in the United States, or at least 16 years of age if you reside in the European Union or other jurisdictions. By creating an account, you represent and warrant that you meet these age requirements. If you are under 13, do not attempt to register for the Services.
III.Description of the Services
A.Waverate is a social music-rating platform that allows users to rate songs, view personalized dashboards of their top artists, albums, and songs, and connect with friends to view shared, cross-referenced music catalogues.
IV.Your Registration
A.In order to access the Services, you are required to make an account verifying your identity. Waverate may request information such as your name, email address, a unique username, and a password. We reserve the right to reclaim or modify usernames that infringe on trademarks, impersonate others, or violate our guidelines. We use third-party services (Including Firebase) to securely manage authentication.
V.Your Use and Access of the Services
A.You agree that you will not use the Services for any purpose in violation of these Terms and Conditions or any applicable state or federal law. By using Waverate, you agree to interact respectfully with other users and the App's infrastructure. You agree that you will not:
1.Use the App’s Services for fraudulent purposes, including but not limited to the impersonation of a person or entity, the creation of automated accounts (bots), or the falsification of identifying information such as date of birth.
2.Attempt to decrypt, disassemble, reverse-engineer, decipher, bypass, or circumvent any software utilized by Waverate or its third party partners, including its advertising networks and the "No Ads" in-app purchase system.
3.Attempt to use any data extraction methodologies or tools including but not limited to automated scripts, spiders, scrapers, deep links, or web harvests to access, monitor, or collect any data related to Waverate’s Services or its Users. This data includes, but is not limited to music metadata, user ratings, and catalogue data from Waverate and the underlying Apple Music API.
4.Attempt to overload Waverate’s software or servers with techniques including but not limited to spamming, crashing, spoofing, flooding, or mail bombing.
5.Attempt to damage, disrupt, or interfere in any way with the proper performance of Waverate’s services through the use of any algorithm, device, file, or any destructive technology including but not limited to viruses, time bombs, worms, Trojan horses, or cancelbots.
6.Attempt to utilize any engine or tool to search or navigate Waverate’s services, except those made available by Waverate or via generally available third-party web browsers.
7.Attempt unauthorized entry into Waverate’s backend or interfaces intended to be inaccessible to Users of the Services.
8.Attempt to download, record, or redistribute audio playback accessed through the App.
9.Post content intended to defame, harass, bully, intimidate, threaten, or discriminate against any individual, Waverate user, or artist.
10.Post content infringing on the intellectual property, privacy, or other rights of any third party.
11.Post content promoting or facilitating illegal activity.
B.User responsibilities include but are not limited to:
1.Monitoring your own account activity to ensure compliance with the Terms of this Agreement.
2.Protecting the confidentiality of one’s own password and identifying information. You may not share login credentials with any other individual or third party unauthorized by Waverate. You are responsible for any account action taken by unauthorized users.
3.Tracking ones’ own purchases within the App.
VI.Intellectual Property Rights
A.Unless otherwise specified, the App and all its registered or unregistered components (collectively, the “Content”) are owned exclusively by Avlory. The Content includes but is not limited to materials, code, designs, audio, visuals, text, photographs, databases, data, confidential information, trade secrets, processes, logos, symbols, and branding. The Content provided on the App is available only for your personal, non-commercial use and any unauthorized use of the Content is expressly prohibited by these Terms. Unauthorized use includes but is not limited to copying, imitating, counterfeiting, or sharing of the Content without express permission from Avlory.
1.These Terms prohibit the infringement of any present or future copyrights, trademarks, patents, or inventions obtained by licensure. The application of Avlory’s intellectual property rights are determined by the corresponding property laws of the relevant jurisdiction.
2.You retain ownership of your posted content, including catalogue titles, private reviews, and personal metrics. You grant Waverate a license to store, process, and display this data to provide the service.
VII.Ads and In-App Purchases
A.Ad-Supported Service: The standard version of Waverate is provided for free and is supported by advertising (banner ads and one full-screen ad per session).
B.Waverate Premium Subscription: We offer a premium subscription service to remove all advertisements from the App and provide additional features such as unlimited custom catalogues. At the time of purchasing a Waverate Premium subscription, we will ask for your express affirmative consent for the automatic monthly renewal of your subscription. You will not be charged beyond the chosen term unless you consent to auto-renewal. By enrolling in auto-renewal, your account will be charged each month without requiring additional approval, until you choose to cancel your subscription. Renewal charges will occur on the same calendar date as your initial purchase was processed. If your Billing Date falls on a date that does not exist in a given month, your subscription will renew on the last day of that month. You agree that all payment information is accurate and up-to-date. In the event of a failed payment, Avlory reserves the right to suspend your access to Waverate Premium.
C.Refundability: All in-app purchases are processed through the respective app store (Apple App Store or Google Play Store). Refund policies for these purchases are governed by the terms of the app store used.
D.Cancellation: You may cancel your subscription at any time by selecting “Profile” > “Subscription”. Upon cancellation, you will retain access to Waverate Premium services until the end of the current paid term, after which your subscription will end and you will not be charged. You will not receive a refund upon cancellation.
E.Changes to the Services: Waverate reserves the right to introduce new in-app purchases or adjust the price of existing paid Services at any time. In the event that we adjust the price of your premium subscription, a direct notice will be provided via email with the choice to affirmatively consent to the price changes. After this notice, you will be given 30 days to accept the new price. If you do not accept the new price, your subscription will automatically expire and you will not be charged the increased amount. If you have made a one-time purchase, you will retain access to the Service and you will not be charged in the event its price is adjusted.
VIII.Third-Party Services
A.Waverate utilizes the Apple Music Application Programming Interface ("Apple Music API") to retrieve music metadata (artists, albums, song titles, audio, and artwork).
1.Waverate retrieves metadata from Apple Music’s API to stream a 30-second audio preview through Apple Music. Waverate does not store or distribute audio preview content independently of Apple Music.
2.Users may connect their Apple Music account. Waverate currently plays 30-second previews of Apple Music songs; full songs play in the Apple Music app. If full playback through Waverate becomes available, it will require an active Apple Music subscription and is provided by Apple under its terms. Waverate does not store or distribute Apple Music audio independently of Apple Music.
3.You may disconnect your Apple Music account at any time in “Profile” > “Connect”.
B.Waverate is an independent application and is not affiliated with, sponsored by, or endorsed by Apple Music. Avlory is not liable in the event that its third-party partners experience breaches of security, interruptions of service, or data errors. Avlory disclaims all liability for any loss or damages caused indirectly or directly by your interaction with third-party providers.
C.By using Waverate, you acknowledge that music metadata and artwork remain the property of Apple Music and its licensors, and you agree to comply with Apple Music’s applicable terms of use regarding their content.
D.Users may connect a Spotify account to open song titles directly in their Spotify application.
IX.Limitation of Liability and Indemnification
A.Limitation of Liability: Avlory, its owners, employees, and agents disclaim, to the fullest extent permitted by law, any tangible or intangible losses, including but not limited to damages to property, income, goodwill, data or leaks of data occurring directly, indirectly, punitively, or consequentially in connection to your usage of Waverate. Avlory will not be held liable for these losses even in the event that we have been advised of the possibility of loss. If a court finds any part of this limitation of liability to be unenforceable, then the aggregate sum of our liability shall not exceed the amount you paid towards Waverate in the six months preceding the event at issue in your claim.
B.Indemnification: You agree to indemnify, defend, and hold harmless Avlory and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
X.Disclaimer of Warranties
A.Waverate and its Services are provided on an “As-Is” and “As-Available” basis. Avlory disclaims all express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranties about the completeness of this App, including but not limited to inaccuracies of content, reliability of data from third-party providers, damages or losses resulting in connection from usage of the App, interruptions of the Services, or unauthorized access of data stored by Avlory. You acknowledge and accept the risks associated with the Services without holding Avlory liable, and will utilize your discretion to make responsible judgments.
XI.Dispute Resolution
A.Informal Resolution
1.You agree that any dispute arising out of or related to these Terms and Privacy Policy must first be initiated informally, and to attempt an informal resolution. If you initiate an informal dispute, you agree to send a Notice of Dispute to avlorycorp@gmail.com containing a description of the dispute, your name and email address(es) associated with your account, and the specific relief sought. If Avlory initiates an informal dispute, we will send our Notice of Dispute to any available email address associated with your account. You and Avlory agree to engage in good faith participation to resolve the dispute. If the dispute cannot be solved informally 60 days after the Notice of Dispute has been received, you and Avlory agree to resolve remaining issues using the following arbitration procedures.
B.Arbitration Agreement
1.In the event that a dispute cannot be resolved informally, you and Avlory agree that the dispute will be resolved exclusively through binding arbitration procedures. Either party may initiate arbitration by filing a demand for arbitration with the American Arbitration Association. By entering this Agreement, you and Avlory, by the maximum extent permissible by law, hereby waive the right to a trial by jury on disputes related to these Terms and Conditions and Privacy Policy.
2.Arbitration shall be administered by the American Arbitration Association, a court-appointed arbitrator, or an alternative administrator whom both parties agree to.
C.Exceptions to Arbitration
1.As an alternative to arbitration, either party may resolve a dispute in a small claims court, if the dispute is within the court’s jurisdiction.
D.Opt-Out
1.You may opt out of this Arbitration Agreement by notifying us at avlorycorp@gmail.com within 30 days of your acceptance to these Terms. Your notice must include your name, email address associated with your Waverate account, and a statement that you wish to opt out of the Arbitration Agreement. If you opt out, your disputes will be resolved in court, in the jurisdictions described in the Governing Law section.
XII.Governing Law
A.These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
XIII.Termination of Liability
A.This Agreement will apply until your account is terminated by either you or Avlory. Avlory reserves the right to terminate or indefinitely suspend your account for any violation of these Terms. Avlory reserves the right to determine, in its sole discretion, whether a violation of these Terms has occurred.
1.Termination by You: You may terminate your agreement with Waverate at any time by deleting your account in “Profile“ > “Account Actions” > “Delete Account”.
2.Termination by Us: We reserve the right to suspend, restrict, or terminate your account and access to the App at our sole discretion, without prior notice or liability, if you violate these Terms (including Your Use and Access of the Services), engage in fraudulent activity, or if we are required to do so by law.
B.Effect of Termination: If your account is terminated by us, you may not register for a new Waverate account without our express written permission. Provisions of these Terms that, by their nature, should survive termination (such as Intellectual Property, Disclaimers, and Governing Law) shall remain in full force and effect.