sinewavbeta

Terms of Service

Last updated: November 2024

Welcome to Sinewav. These Terms of Service ("Terms") govern your access to and use of the Sinewav website, applications, and services (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account or using the Service, you represent that you are at least 13 years of age (or the minimum legal age in your jurisdiction), and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access to your account

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

3. User Content and Rights

Your Content

"User Content" refers to any audio files, comments, feedback, profile information, and other content you upload, post, or transmit through the Service. You retain ownership of your User Content, subject to the license you grant to us below.

License to Sinewav

By uploading User Content, you grant Sinewav a worldwide, non-exclusive, royalty-free license to:

  • Host, store, and display your User Content
  • Process your audio files (transcoding, waveform generation, audio analysis)
  • Make your User Content available to other users according to your privacy settings
  • Use your User Content to improve our Service

This license terminates when you delete your User Content or account, except to the extent your content has been shared with others and they have not deleted it.

Your Representations

By uploading User Content, you represent and warrant that:

  • You own or have the necessary rights to upload and share the content
  • Your content does not infringe on any third party's intellectual property rights
  • Your content does not violate any applicable laws or regulations
  • Your content does not contain viruses, malware, or other harmful code

4. Acceptable Use Policy

You agree not to use the Service to:

  • Upload content that infringes on intellectual property rights
  • Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Impersonate any person or entity
  • Engage in spam, phishing, or other deceptive practices
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use automated means to access the Service without our permission
  • Violate any applicable laws or regulations
  • Encourage or promote any of the above activities

5. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Sinewav and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.

6. Copyright / DMCA Policy

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • A physical or electronic signature of the copyright owner or authorized agent
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing and its location on the Service
  • Your contact information (address, telephone number, email)
  • A statement that you have a good faith belief that the use is not authorized
  • A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner

Send DMCA notices to: sinewavcom@gmail.com

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SINEWAV SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS YOU HAVE PAID TO US IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT MADE ANY PAYMENTS.

9. Indemnification

You agree to indemnify, defend, and hold harmless Sinewav and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your User Content, or your violation of these Terms.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County, New York.

12. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration or the courts as described in the Governing Law section above.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sinewav regarding the Service and supersede all prior agreements and understandings.

16. Contact Us

If you have any questions about these Terms, please visit our contact page.