1) Eligibility
You must be at least 18 years old and able to enter into a binding contract. By using the Services, you represent and warrant that you meet these requirements.
2) Account Registration & Security
- You agree to provide accurate, current information and keep it updated.
- You are responsible for safeguarding your credentials and all activity under your account.
- Notify us immediately of any unauthorized use or security incident.
3) Subscriptions, Trials & Billing
Plans. NUEWAVE offers Standard, Pro, and Enterprise plans with features and limits shown at signup (and in your account).
Trials. Standard and Pro include a 30-day free trial. If you do not cancel before the trial ends, your chosen plan will be billed automatically.
Auto-Renewal. Subscriptions renew monthly or annually unless canceled. You authorize recurring charges to your payment method via our payment processor (e.g., Stripe).
Price Changes. We may modify fees or plan features on renewal. We’ll notify you in advance where required by law or contract.
Taxes. Fees are exclusive of applicable taxes, which you are responsible for paying.
Refunds. Except where required by law, fees are non-refundable once billed. If you think there’s an error, contact us within 10 days of the charge.
4) Credits, Usage-Based Features & AI Employee
Complimentary Credits. Each plan includes monthly credits to help you get started:
- Standard: $1/month
- Pro: $5/month
- Enterprise: $50/month
AI Employee. Included with Enterprise. Available as a paid add-on for Standard and Pro after signup.
Usage Billing. Certain features (e.g., AI tasks, ad manager, messages) may consume credits or incur usage fees. If usage exceeds included credits, additional charges may apply per rates shown at purchase or within your account.
AI outputs are generated content and may be inaccurate or incomplete. You are responsible for reviewing outputs before relying on them.
5) Acceptable Use Policy
You agree not to use the Services to:
- Violate any law, regulation, or third-party rights.
- Send spam, unsolicited messages, or deceptive content.
- Upload malicious code or attempt to disrupt or gain unauthorized access.
- Infringe intellectual property, privacy, or publicity rights.
- Collect or process sensitive personal data without lawful basis and consent.
We may suspend or terminate accounts for violations.
6) Intellectual Property; License
The Services (including designs, text, graphics, and trademarks) may be owned by NUEWAVE or our licensors and protected by law. We grant you a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.
You retain rights to content you upload, but you grant us a license to host, process, and display that content to provide the Services.
7) Third-Party Services & Minimum Advertised Price (MAP)
We integrate with third-party platforms (e.g., GoHighLevel, Stripe, email providers). Your use of those services is subject to their terms.
MAP Compliance. If your use of our Services involves resale or white-labeling of third-party platforms that impose MAP rules, you agree not to publicly advertise below such minimums. Showing pricing privately (e.g., behind a form, in emails, or within an authenticated portal) is permitted where allowed by the third-party’s policy.
We may modify or discontinue integrations where required by providers or law.
8) Privacy & Data
Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and share information. You represent that you have provided required notices and obtained necessary consents from your end users.
9) Beta & Pre-Release Features
We may offer beta features for evaluation. Beta is provided “as is,” may be modified or discontinued, and may be subject to additional terms.
10) Availability & Support
We aim for high availability but do not guarantee uninterrupted or error-free operation. Planned maintenance and provider outages may occur. Support channels and response times are described in your plan.
11) Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. NUEWAVE does not guarantee outcomes or results from using AI features.
12) Limitation of Liability
To the fullest extent permitted by law, NUEWAVE and its affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenues, or data. Our aggregate liability arising out of or relating to the Services shall not exceed the amounts paid by you to NUEWAVE in the 12 months before the event giving rise to liability.
13) Indemnification
You agree to defend, indemnify, and hold harmless NUEWAVE, its affiliates, and personnel from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the Services, or your violation of these Terms or applicable law.
14) Suspension & Termination
You may cancel at any time via the Manage Plan link in our website navigation. We may suspend or terminate your access for violations, non-payment, or to comply with law. Upon termination, your license ends and we may delete your content after a reasonable period, subject to legal obligations.
15) Export, Sanctions & Compliance
You represent that you are not located in, under control of, or a national/resident of any country or entity under U.S. embargo or sanctions. You will not use the Services in violation of export control or sanctions laws.
16) Governing Law & Venue
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws rules.
17) Dispute Resolution; Arbitration; Class Waiver
Informal Resolution. Before filing a claim, the parties will attempt good-faith resolution within 30 days after written notice.
Arbitration. Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver. You agree to bring claims only in your individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding.
Some jurisdictions do not allow mandatory arbitration or class waivers for consumers; certain provisions may not apply to you.
18) Changes to the Services or Terms
We may update the Services and these Terms from time to time. Material changes will be communicated via the Services or email. Your continued use after changes take effect constitutes acceptance.
19) Miscellaneous
- Entire Agreement. These Terms and referenced policies are the entire agreement between you and NUEWAVE.
- Severability. If a provision is unenforceable, the rest remain in effect.
- Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Notices. We may notify you via email or through the Services.
