By accessing or using the services provided by WaveStar Pro LLC ("WaveStar Pro," "we," "us," or "our"), you ("Client" or "you") agree to be bound by these Terms and Conditions. If you do not agree, do not use our Services.
2. Description of Services
WaveStar Pro provides automated review management services for local businesses, including:
Automated review request campaigns via SMS and email
Automated review response posting on Google
Smart review routing and negative feedback filtering
Review analytics and reporting dashboard
CRM integration and social review posting
3. Client Responsibilities
You agree that:
All customer contact information you provide has been collected lawfully and with proper consent for marketing communications
You have obtained express written consent from each customer contact to receive SMS and/or email messages from your business
You are solely responsible for compliance with the TCPA, CAN-SPAM Act, and all applicable federal, state, and local laws governing electronic communications and marketing
You will not upload contact information for individuals who have opted out of communications
You will not use our Services for any unlawful, deceptive, or fraudulent purpose
You will not attempt to generate fake, incentivized, or otherwise fraudulent reviews
You are responsible for maintaining the security of your account credentials
4. Google Policy Compliance
You acknowledge that Google's Terms of Service and review policies prohibit incentivizing reviews, posting fake reviews, or any other manipulative review practices. WaveStar Pro provides tools to request genuine reviews from real customers only. You agree to use our Services in compliance with Google's policies. WaveStar Pro is not responsible for any penalties imposed by Google on your business profile.
5. Subscription and Payment
Services are provided on a monthly subscription basis at the rates listed on our website
Subscriptions begin with a 14-day free trial; you will be charged at the end of the trial period unless you cancel
All fees are non-refundable except as required by law
We reserve the right to change pricing with 30 days' written notice
Failure to pay may result in suspension or termination of your account
6. Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to the Services until the end of the paid period. No partial refunds are provided.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAVESTAR PRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify, defend, and hold harmless WaveStar Pro LLC, its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
Your use of our Services
Your violation of these Terms
Your violation of any applicable law, including the TCPA or CAN-SPAM Act
Any claim by a third party that you contacted them without proper consent
Your customer data or any content you provide to us
9. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT SPECIFIC RESULTS WILL BE ACHIEVED, INCLUDING ANY SPECIFIC NUMBER OF REVIEWS.
10. Intellectual Property
All content, technology, and materials provided by WaveStar Pro through our Services are owned by WaveStar Pro LLC and protected by applicable intellectual property laws. You may not copy, reproduce, or distribute any part of our Services without our express written permission.
11. Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or applicable law. Upon termination, your right to use our Services ceases immediately.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Lane County, Oregon.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our website. Continued use of our Services after changes constitutes your acceptance of the new Terms.
