Terms of Use

The following Terms of Use allows the Licensee ("you") the rights to download, install, use and access our desktop and/or mobile applications, our associated web services,  and our websites (the “Service”). By accessing or using the Service, you signify your agreement to these Terms of Use.

If you do not agree to these Terms of Use, you may not access or use the Service. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this license. Upon termination, all copies, full or partial, shall be destroy.

The Service is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. BigWave Labs Inc or any of our affiliates (collectively known as “BWL”) has developed and owns all the intellectual property rights in the Service except for embedded services provided by third parties.

Embedded third party services are used with permission on the terms provided by such parties. BWL expressly disclaims any warranty regarding such third party software. You also agree that BWL service providers, licensors, or others involved in creating or providing the Service are third party beneficiaries and may rely upon the provisions of this Agreement.

BWL retains all right, title and interest in and to the Service, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights unless explicitly stated otherwise.

Without first obtaining the express written consent of BWL, you may not assign your rights and obligations under this Agreement, or redistribute, sell, rent, lease, sublicense, or otherwise transfer your rights to the Service.

Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Service; or (ii) circumvent or disable any security or technological features of the Service.

These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions including and without limitation to the Licensed Application End User Agreement therein (“Apple Terms”).

Your use of the Service is at your sole risk. We provide the Service on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free.

BWL will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether you were advised of the possibility of such damage

You hereby expressly and irrevocably indemnify and hold harmless BWL from and against all claims and liabilities (including claims by third parties) and costs and expenses (including attorneys fees) incident thereto or incident to successfully establishing the right to indemnification, for injury or death of any person or persons, including your employees, if any, arising out of or in any way relating to your breach of the terms of this License and/or your utilization of the Service, whether or not arising in tort or occasioned by the negligence of BWL, except to the extent of any obligation, liability, claim or remedy in tort due to the recklessness or willful misconduct of BWL.

Your obligations under this indemnity will survive the expiration, termination, completion or cancellation of this License

If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a Federal court located in the province of Quebec, Canada. You also agree that the laws of the province of Quebec and, to the extent applicable, the laws of Canada will govern these Terms of Use, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles).

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

BWL respects the privacy of its users.

Please refer to our Privacy Policy which details how we use, store and disclose data information related to your privacy.

These Terms of Use are effective as of March 1st, 2022.

We may update these Terms of Use from time to time for any reason. We will notify of changes by posting a new revision on this website. You should consult this Terms of Use regularly for any changes, as continued use is deemed approval of all changes.

If you have any questions concerning these Terms of Use, you may contact us at legal@bigwavelabs.co