Terms of Service

Effective date: 3 June 2024

These Terms of Service (“Terms”) govern your access to and use of the websites, software, games, developer resources, and any other services offered by uWaver Enterprise Ltd (“uWaver”, “we”, “our”, or “us”) (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

1. Definitions

2. Acceptance of Terms

By accessing or using the Services, you confirm that you have read, understood, and agree to these Terms. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” will refer to that organisation.

3. Changes to the Services and Terms

We may change, suspend, or discontinue any part of the Services at any time. We may update these Terms from time to time. The updated Terms will be posted on this page with a revised effective date. Your continued use of the Services following any change constitutes acceptance of the updated Terms. Users will be required to provide explicit acceptance of any changes to these Terms.

4. Eligibility, Accounts, and Security

5. Use of the Services

You must use the Services only for lawful purposes and in accordance with these Terms. You must not:

6. User Content

7. Intellectual Property and Licence

8. Use of uWaver Resources

9. Third-Party Services

The Services may reference or integrate third-party websites, platforms, or services. uWaver does not control and is not responsible for third-party content or services. Your use is subject to the third party’s terms and policies. Inclusion of a link or integration does not imply endorsement.

10. Purchases and Payments

11. Privacy

Your use of the Services is subject to our Privacy Notice, which explains how we collect and process personal data, including in relation to uWaver Resources, analytics, and security. We comply with the UK General Data Protection Regulation and the Data Protection Act 2018 for users in the United Kingdom, and with the California Consumer Privacy Act and the Children’s Online Privacy Protection Act for users in the United States. Users have rights regarding their personal data, including rights of access, correction, deletion, and objection to processing, as described in our Privacy Notice.

12. Support and Availability

We aim to keep the Services available and secure, but availability is not guaranteed. Planned or emergency maintenance may occur. We may offer support channels for certain Services, which may change from time to time.

13. Suspension and Termination

14. Disclaimers

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis. uWaver disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. uWaver does not warrant that the Services will be uninterrupted, secure, error-free, or that defects will be corrected.

15. Limitation of Liability

To the maximum extent permitted by law, uWaver and its affiliates, directors, officers, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, data, goodwill, or business interruption, arising out of or in connection with the Services or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, uWaver’s aggregate liability for all claims relating to the Services shall not exceed the greater of: (a) £100; or (b) the total amount paid by you to uWaver for the specific Service giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

16. Indemnity

You agree to indemnify and hold harmless uWaver and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and professional fees) arising out of or in any way connected with your breach of these Terms, your User Content, or your misuse of the Services.

17. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. You and uWaver agree to the exclusive jurisdiction of the courts of England and Wales. For users in the United States, any claims may be brought in local courts where required by law.

18. Miscellaneous

19. Contact

If you have questions about these Terms, please contact us via the Contact page.