Terms of Service
Who we are
The App is operated by Alkymia (and we refer to ourselves as “we”, “us” or “our”). ALKYMIA, incorporated and registered in Versailles, with company number 523431302 whose registered office is at 1401 avenue de la Grande Halle, 78200 BUCHELAY. firstname.lastname@example.org
We own and operate the App on our own behalf.
If you are a minor, you should read this Agreement with the help of your parents or guardiansYou have to be over 13 to use the App.In the event that you are under 13 or under any other required age under local laws, you may not continue to use the App, unless your parent or legal guardian has reviewed and agreed to these terms. Local laws may also require that children under a certain age are supervised during their use of the App. By using the App, you warrant that you are old enough to use the App without supervision. If you are under the required age, your parent or legal guardian warrant that they are supervising and monitoring your use of the App.We reserve the right to ask for written proof of consent from a parent or guardian for any Wave User or we suspect is a Minor under 13.
Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur.By using the App you confirm that you have the necessary hardware, software and capability required and that Wave shall have no liability in relation to hardware, software or other services required to make use of the App.We do not warrant that the App will be compatible with all hardware and software, which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the App or your obtaining any material from, or as a result of using, the App.
Wave is a mobile platform allowing you to utilise communication features to have discussions with other Wave Users on the content of Third-Party’s websites, applications or web services (« Third-Party Services ») accessible through a web browser.Subject to your compliance with this agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of Wave Services. This license does not include any resale or commercial use of any Wave Services, or its contents. The license granted by us shall terminate if you do not comply with this Agreement.
. Please be aware that it will not be possible to restore your account once you have confirmed you want to delete it. As a result, it is your sole responsibility to safeguard any information or content relating to your user account as all information remaining on our server will be deleted with your account. However please note that the chats you may have shared in a group of Wave Users cannot be deleted independently of the group conversation itself. Accordingly, it will remain on our server, even after deletion of your account, until there is no more chat or reaction within such conversation for a week after the last one.SECURITY
The username chosen by and issued to you upon registration with Wave to use chat feature is personal to you in order to facilitate your use of and access to Wave Services.In the event that you believe your account to have been compromised you undertake to inform us as quickly as possible at email@example.com
.You agree that you are and shall remain responsible for maintaining the confidentiality of your pin, username and login or sign up OTP.Unless you prove otherwise, any actions taken through your account are deemed to have been taken by you. SHARING CONTENT
Wave Services allow Wave users to react or comment the content of Third-Party’s Services or any photos or images by adding text, graphics, symbols, smileys or any others graphical reactions or items, generating a Wave chat.Once a chat is generated, it initiates a discussion between the sender and the receiver(s).In Wave, chats are sent either individually to a given Wave user or to a group of Wave users.You can answer/ interact to a Wave user by adding a different text, graphics, symbols, smileys or any other graphical reactions or items, generating a new chat in the same chat room.These chats are only viewable by those Wave user(s) they’ve been sent to. However, they may also be sent by those Wave users to others Wave users without your consent. Accordingly, do not send chats that you do not want to be seen by other Wave users than those you directly send the chats to. You will not be entitled to request the removal of any chats you have yourself generated and first sentYou may also send chats to individuals that are non Wave Users yet provided such individuals are registered in your contact list and/or address book of mobile phone and you agreed to give us access to such contact list or address book. Such individuals will be notified on their mobile phone they have received a chat. They will need to create an account to be able to see such chats.You shall be bear personal liability and be fully and solely responsible for your own chats and their contents as well as for the consequences of sending them. You are also responsible for the consequences of resending/forwarding any chats you have received.Before generating any chats depicting or naming an identifiable individual person other than yourself, you must obtain first all necessary permission of such person. Wave assumes that you have it. Accordingly, you guarantee that you do and hold Alkymia harmless against and from any liabilities, damages or cause of action arising from such identifiable individual person in connection with such chats. When such person is a minor, permission of both parents or legal guardians must be secured.You retain all ownership rights in your chats and their contents, subject to Third-Party’s rights.We are not responsible for and do not endorse the statements, opinions, advice and/or recommendations displayed or sent by Wave Users using Wave Services.YOUR BEHAVIOUR
You are solely responsible for your interactions with other Wave Users of the Services.When using the Wave Services, you shall refrain from any behavior, which could damage our image and/or reputation or which could prejudice another or several Wave Users or negatively impact their experience of Wave Services. The following code of conduct is not exhaustive, but lists certain types of behaviour, which are not tolerated by us. Within this frame, we reserve the right to determine what conduct we consider to be a violation of this Agreement or improper use of Wave Services.By using the Wave Services, you agree to comply with the following Code of conduct. Accordingly, you agree that you will not:Breach any applicable local, national or international law or regulation, and notably post any Wave chat and/or chose a user name that:Contains hate speech,Promotes racial hatred, homophobia, hatred or physical harm of any kind against any group, individual or animals,Contains paedophile contents,Contains glorification of crimes against humanity and/or terrorismBreach any third party rights or damage any third party image and notably post any chats that:Contains threats, discredits, insults, defiles honor, dignity or business reputation or violates the privacy of other Wave users or third parties;violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right;Post pornographic/violent are otherwise offensive content and notably post any Wave chat and/or chose a user name that:Contains contents which are sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence,is offensive, defamatory, vulgar, obscene, or otherwise objectionable.Post any chats intended to spam, solicit money from or defraud any Wave users or solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users;Post any chats intended to bully, “stalk,” intimidate, harass, defame any person or interfere with others ‘use and enjoyment of Wave Services;Mislead other Wave users as to your identity, using the login and password of another registered Wave user or distort information on your identity, age or relations with other persons or entities or impersonate any person or entity;Moreover, by using the Wave Services, you will not:Use a misspelling or an alternative spelling to circumvent the above mentioned restrictions on name choices;attempt to get access to another Wave user’s login and passwords by any means including, without limitation, by means of fraud, abuse of confidence, cracking;use the Wave Services for any purpose that is illegal or prohibited by this Agreement;Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;Improperly use support channels or complaint buttons to make false reports to us;We do not undertake to monitor or remove the content, messages and other information made available on the Services by Wave Users.Please report any behaviour or content you believe to be in violation with this Code of conduct to the support service at the following address: firstname.lastname@example.org
. When there is a legitimate request:and provided the litigious content is still on our servers, we will delete it as soon as possible. However, in the event the litigious content was sent to several Wave Users, we do not have the technical possibility to operate a forced deletion of the litigious content on other Wave Users devices.We will take appropriate measures as described in point 45.You can also block any Wave users in a one to one conversation by clicking on the button outlined for this purpose. When you block another Wave user, you will no longer be able to see any chats sent to you by such user. Other Wave users will not be notified when you block them. You can also leave a group at any moment.If we determine that a specific behaviour violates the terms of this Agreement, we may take action to issue warning, suspend, terminate, or otherwise restrict a Wave User to use the App and/or the associated User Account and Wave Services, notwithstanding any legal proceeding against such Wave User. We may also report to the proper Authorities.INTERACTION WITH THIRD PARTY WEBSITES AND APPLICATIONS
You hereby release us, our officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any suppliers, or between you and other applications, Website users or Third-Parties.YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE APP. THE APP IS AVAILABLE “AS IS,” AND “AS AVAILABLE”. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY COMPUTER VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS, OR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE APP. WE HAVE NO DUTY TO UPDATE OR MODIFY THE APP AND WE ARE NOT LIABLE FOR OUR FAILURE TO DO SO. IN NO EVENT, UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR AFFILIATES, BE LIABLE HEREUNDER OR OTHERWISE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE APP, THE USE OF THE APP OR OUR AGREEMENT WITH YOU CONCERNING THE APP, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, LOST ANTICIPATED PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED FIFTY DOLLARS (US$150.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.If you are a French resident, such limitations do not apply.REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) your use of the App will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside and (b) your use of the App will not infringe or misappropriate the intellectual property rights of any third party.IndemnificationYou agree to indemnify and hold us, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of the content or information in the chats you generate or in your Account or any other information you post or share on or through Wave Services.We reserve the right to assume the exclusive defence and control of any demand, claim or action arising hereunder or in connection with the App and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defence of any such demand, claim, action, settlement or compromise negotiations, as requested by us.PROPERTY RIGHTS
The “Wave” name and logos and all related names, trademarks, service marks, design marks and slogans are the trademarks or service marks of our licensors or us.As between you and us, we are the sole and exclusive owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.You may print off copies, and may download extracts, of any page(s) from the App for your personal reference.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.You must not use any part of the materials on the App for commercial purposes without obtaining a license to do so from our licensors or us.You must not without our permission:use or copy any material from the App, including, but not limited to, onto other websites or in other mobile applications; orframe any of the App onto your own or another person’s website or mobile application.You agree not to access without authority, interfere with, damage or disrupt:any part of the App;any equipment or network on which the App is stored;any software used in the provision of the App; orany equipment or network or software owned or used by any third party.AVAILABILITY OF WAVE SERVICE AND UPDATE
We may modify this Agreement from time to time, so please review it frequently. For Wave users who accepted a version of this Agreement prior to modification, the revisions will become effective 30 days after posting. Your continued use of Wave Services means you accept the changes. Once you accept a version of the Agreement, we will not enforce future material changes without your express agreement to them. If you are asked to