Terms of use of wave service

1. GENERAL INFORMATION

Wave is a service ("Wave Service") that lets the user ("User") by downloading an application (the "Application") to his or her smartphone locate and position in real time other users of the Wave Service on a map, as well as to be located by those.

These terms of use govern access to and use of the Application and de Wave Service (the "Terms of Use".

These Terms of Use set out, with the Privacy Policy and Cookies Policies, relating to the management of the Users' personal data, the terms and conditions governing the Web Site.

In compliance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11, the following identification details are given for the owner of the Web Site:

WAVE APP, S.L. ("WAVE" is a corporation with registered address in Pozuelo de Alarcon (Madrid), and email support@waveapplication.com WAVE is duly registered in the Companies Register of Madrid, in Volume 31,946, Book 0, Folio 152, Section 8 and Sheet M-574944 and NIF B-86942901

You must carefully read these Terms of Use. Downloading the Application to your Device (as defined in clause 3.2 below) and/or its subsequent use constitutes acceptance of these Terms of Use. In case you do not agree with these Terms of Use, please do not use the Application.

To download the Application and to use the Wave Service you must meet the following requirements:


(i) Be over age 14; and
(ii) Have sufficient capacity to enter into a binding agreement with WAVE and not be subject to any lack of capacity.

If you are between 14 and 18 years old, we recommend you to inform and ask your parents or guardians when transmitting information to other Users with whom you have contacted through the Service. It is strictly prohibited to register as a User if you are below 14 years old.

WAVE reserves the right to regularly carry out checks aimed at ensuring that users are over 14 years. Therefore, we may require you to provide your ID at any time, and refusal to do so will mean the removal or blocking of your profile. If we are informed a minor under 14 years is registered as a User, we will adopt the necessary measures and we may eliminate or block such User profile.

These Terms of Use establish the agreement between the User and WAVE in relation to the Application and the Wave Service, and replace any other prior contract and previous agreements between the two parties related to the Application and the Wave Service, whether verbal or written.

2. SUBSCRIBING CONDITIONS

You can download the Application through your regular Applications store, where you will find information about the Application and the Wave Service, including: a description of the main features of the Application and of the characteristics of the Wave Service; the technical requirements (operating system, supported Devices, etc.); access to our webpage, etc.

To download the Application and use the Wave Service you must have a device ("Device") owned by yourself that uses one of the following operating systems (or higher): iOS 5 and higher for iPhone. All smartphones and devices that support these operating systems meet the characteristics necessary for the correct functioning of the Application. However, in a concrete manner, the devices should be permitted to receive Push Notifications, let access to activate location services and have access to a 3G data connection.

The download of the application can be run from your regular Application store free of charge. However, WAVE reserves the right to set a price at any time; in this case, the user must pay this price in exchange for acquiring the user license to use the Application ("Payment") by selecting one of the means of payment available through the Application store. On the assumption that there is a fixed price, the Payment gives the User a right to acquire a license of use for the Application, as well as to use Wave Services for the period of time established by these Terms of Use. Depending on Users Country Applicable taxes will or will not be included in the price. This payment can only be made by users of age; in the event that the user is less than 18 years old, the payment shall be made in the name and under the responsibility of their parents or legal guardians.

Once you have downloaded the Application to your Device, you must register as a User of the Wave Service. The registration as a User is a simple process, in which you just have to follow the instructions displayed within the Application at the time. This process consists only of registering your device's mobile phone number, the reception of a SMS with a confirmation code, and its introduction in the system.

For any enquiries in relation to the registration as a User of the Wave Service you may contact WAVE through the following email address: support@waveapplication.com.

3. LICENSE OF USE OF THE APPLICATION

By these Terms of Use we provide the User with a non-exclusive, non-transferable license, and for the period of time established in these Terms of Use, to install and use the Application in a Device owned by the User, with the sole purpose of allowing the use of the Wave Service. In no case shall the User rent, lease, lend, sell, transfer, distribute or sublicense the Application to third parties.

Except as otherwise expressly specified, any use of the Application with different purposes to the one announced above shall require our written previous authorization. In particular, but without limitation, the User shall require our previous authorization for: (i) Reproduce or transform the Application with the purpose of fixing bugs; and (ii) making successive versions of the Application or programs resulting from it.

In the event of errors, problems or deficiencies in the Application, the User may inform WAVE through the e-mail address given in the heading of this contract. The User shall have the right to correct errors, problems or deficiencies of the Application provided that such correction is necessary in order to use the license in accordance with the purpose described in the present Contract, only and exclusively in the case of that WAVE, after being duly notified in writing, refuses to correct those errors.

The User is not authorized to decompile, dissemble, reverse engineer, decrypt or modify the Application and/or its source code in any other way. Notwithstanding the foregoing, the User is allowed to observe, study the principles underlying the interfaces of the computer program, without a previous authorization from WAVE, when such activities are necessary to allow the interoperability of another computer program independently developed. The use of the Application does not require any backup copy, so the User shall refrain from making such a copy.

The documentation related to the Application and/or the Wave Service we provide the User with (manual of use, instructions, these Terms of Use, etc.) are owned by WAVE ("Documentation"). By the present Terms of Use we give the User a non-exclusive, non-transferable license with a worldwide scope and for the period of time specified in these Terms of Use so that the User can utilize the Documentation with the sole purpose of using and enjoying the Application and/or the Wave Service, with the scope permitted by these Terms of Use.

The User undertakes to delete the Application from the Device, prior to any transfer of the Device to a third party.

4. CHARACTERISTICS OF THE WAVE SERVICE

Through the Wave Service the User will be able to:
(i) Locate and position on a map in real time other Users that wish to share their location with him; and<
(ii) Share his location with other Users or groups of Users, so they can locate him in real time on a map.

In the Wave Service, the User decides at every moment with who wishes to share his location, so that only those users that you expressly select will have access to such information. In no case the information related to the User's location will be shared by Us with a third party different from the other Users of the Wave Service that you select.

To select the Users with whom to share your location, the User must follow the steps detailed within the Application, once downloaded to the Device. In addition, at any moment you may stop sharing your location with other Users. To do so you shall delete the open individual channels or the open group channels. This option will be available at all times to the User.

5. USE OF THE WEBSITE

The Users agree to use the Application and the Wave Service in accordance with the law, morality, generally accepted good customs and public policy. The Users undertake to refrain from using the Application or the Wave Service for illegal purposes inconsistent with the provisions of these Terms of Use, or in any other way that may be harmful to the rights and interests of WAVE or of third parties, or damage or harm the image or reputation of WAVE or prevent the normal use of the products and services offered by WAVE on the Application.

The User may use the Application and/or the Wave Service exclusively with personal purposes and with the scope laid out in the present Terms of Use.

The User shall refrain from using the Application and/or the Wave Service to do any illegal activity. Including, but not limited to, using the Application and/or the Wave Service for:
a) Harass or disturb third persons and/or breaching their intimacy and privacy;
b) impersonate the identity of other Users or third parties;
c) spy other Users or third parties;
d) inform other third parties about the Users location data;
e) damage the reputation, personal image and/or honour of other Users and/or third parties; and
f) advertising purposes, for the promotion of products, services or personal or third party activities.

The User shall not carry out any activity that may cause damage to the Application and/or the Wave Service and/or its functioning and/or development.

In the event the User were to have knowledge of a third party carrying out any of the aforementioned activities, we ask you to notify Us through the following email address: support@waveapplication.com, so that we can take the adequate measures.

WAVE reserves the right to block or delete the profile, as well as to undertake the appropriate legal actions in the event that a User violates the provisions of this Contract.

6. INTELLECTUAL PROPERTY

All information contained on the Web Site, including its graphic design and source code, are protected by copyright and other rights contained in Legislative Royal Decree 1/1996, of 12 April, approving the Consolidated Intellectual Property Act and other rules governing intellectual property.

These rights belong exclusively to WAVE, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the Web Site or the Application and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc..), as well as the databases and software necessary for the visualization or the functioning thereof and any object that under current legislation is protectable by intellectual property regulations.

The Users may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Application or Wave Service without the prior written consent of WAVE.

This is applicable to information from users. Users grant exclusively to WAVE, for an indefinite period and for the whole world scope, the rights of reproduction, distribution and communication to the public on the content they provide through the Web site, the Application, social networking profiles and blog, as well as the right to modify such content in order to suit the needs of publishers of WAVE, without prejudice to the provisions of the Privacy Policy.

Also, Users guarantee the legitimate ownership or the faculty of provision on those rights. Any reproduction or copying, distribution or publication of any kind of the Content of the information published in the Application and in the Web Site without the prior written authorization of WAVE is prohibited.

The authorization for the use of any content of the Application and de Wave Service can be requested by writing to the e-mail address support@waveapplication.com.. The provisions of the preceding paragraphs will not under any circumstances mean that WAVE assumes any liability for the content, and shall not entitle the Users or any third parties to any compensation.

7. INDUSTRIAL PROPERTY

The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Application and the Wave Service belonging to WAVE, and very specifically, the word “WAVE” may not be used without the prior written consent of WAVE.

8. DATA PROTECTION

As a consequence of registering for the Wave Service and the use of such service, some of your personal data, including your User name and telephone number, will be stored in a file under the responsibility of WAVE APP, S.L., located in Calle Galgo 1, 28223, Pozuelo de Alarcon, Madrid (Spain). Read Privacy Policy of the web and Application. As a User, you accept and expressly consent to the Privacy Policy of the web and application.

Your personal data will be processed in order to provide you with the Wave Service, as well as for maintenance, tracking, developing and evolution of such Service. Moreover, your personal data may be processed by WAVE with the purpose of producing reports and statistical studies. You can objet to the processing of your data for such purposes by sending an email to support@waveapplication.com.

Aggregated device data, including location and apps, is measured for the purpose of market reasearch by third parties such us Placed Inc. For further information please see the Placed Inc. Terms of Service and Privacy Policy.

Third parties have agreed to adhere to the rules set forth in this privacy statement.

We share aggregated anonimous information we collect only with third-party business partners who commit to comply with applicable laws concerning the usage of the information.

Maps used by the Wave Service may include advertising information of commercial businesses. However, under no circumstances will we share your personal data with such businesses or other third parties. The insertion of advertising information is necessary for the viability of the Wave Service. If you do not agree with this condition of the Wave Service, please do not use the Application or the Wave Service.

All the data requested upon registration to the Wave Service is compulsory, failing to provide any such requested data may prevent registration to the Wave Service.

For the sake of clarity, we inform the User that information related to the User's geographic location data shall not be processed by Us.

You may exercise your rights of access, modification, cancelation and objection to the use of your personal data by sending a communication, and including a photocopy of your ID to the following email address: support@waveapplication.com.

9. TECHNOLOGICAL CONSTRAINTS

The Wave Service is provided based on geolocalization technologies currently available and maps provided and controlled by third parties, which may not be infallible.

We inform the User that as a consequence of carrying out maintenance works, in some cases there may temporal interruptions in the Wave Service.

We also inform de User that in addition to those specified above, there is a wide range of factors that may eventually affect the Waive Service and/or its quality, including without limitation environmental conditions, network overloads, connectivity, third party software, etc.

Through the following email address you can contact WAVE to report bugs as well as other comments or suggestions: support@waveapplication.com.

10. LINKS TO THIRD PARTY WEBSITES

The links contained in the Wave Service, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than WAVE, are not the responsibility of WAVE which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages. Therefore, WAVE shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy. The existence of links does not imply any relationship between WAVE and the owner of the website to which the link is directed.

Those Users or third persons intending to establish a link on pages of their ownership and responsibility toward the Service of Wave, must request a prior authorization to the following address: calle Galgo, 1, 28223, Pozuelo de Alarcon, Madrid (Spain) or by email to Support@waveapplication.com, ensuring that such link will always lead Users to the first or main page of the Service, being expressly excluded the deep links ("deep link") or the frameworks ("frame link"). With the exception of those signs that are part of the link to the Service, users shall guarantee that the web page from which the link is set does not contain brands, commercial names, company signs, trade names, logos, slogans or any type of distinctive sign belonging to Wave.

11. LIABILITY

We will be liable for the loss and damage caused to the User caused by negligence or wilful misconduct. Except in cases of gross negligence or wilful misconduct by Us, we shall not be responsible before the User for damages caused by inappropriate use of the Application and/or the Wave Service, or failing to meet the recommendations and instructions provided by WAVE.

12. DISCLAIMER

WAVE disclaims all liability for:
(i) The functioning of the Application and the Wave Service, including cases of force majeure and any other cases beyond WAVE’s control, which is not fully operational, or possibly lacks the minimum functionality for managing the relevant service.
(ii) Any errors or security deficiencies that may arise from the use, by the Users, of an outdated browser or insecure version, as well as the activation of password or identification code conservation devices of the User recorded in the browser or for the damage, errors or inaccuracies that may result from any malfunction.
(iii) For any direct or indirect damages that may be caused by the information transmitted or communicated on the Application or in any electronic communications, including without limitation technical or human errors in the published data.
(iv) Damage, including but not limited to damage, loss or direct, indirect, incidental or consequential expenses arising in connection with this Web Site or the use of this Web Site or inability to use the Web Site by any party, or in connection with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.

The User will be liable for all damage and loss caused by wrongful or fraudulent acts as well as for the damage caused to WAVE or its Users as a direct or indirect consequence of a breach by the User of these Terms of Use. WAVE reserves the right to take any actions to which it may be entitled before the relevant law enforcement agencies or courts.

Although it uses its best efforts, WAVE cannot guarantee the Users access and continuous and uninterrupted use of the Application.

13. TERM AND TERMINATION

The agreement between the User and Us has a term of one (1) year ("Initial Term"). The User can renew the Wave Service for an identical period of time to the Initial Term. In the event that Wave sets a price, the renewal of the Service will be subject to prior payment of the corresponding amount, which will be announced in advance. WAVE shall be entitled to terminate the agreement upon the end of the Initial Term or any of its successive extensions, with a prior notice of one (1) month to the termination of the Initial Period or any of its successive extensions.

The User shall be entitled to end the relationship with WAVE at any time by uninstalling the Application from his Device.

Furthermore, the agreement may be terminated in case of serious breach by either party of their obligations under the present Terms of Use.

The termination of the agreement will entail the finalization of the provision of the Wave Service, as well as to extinguish the license of use of the Application provided to the User pursuant to the present Terms of Use.

14. CHANGES TO THE TERMS OF USE, THE APPLICATION AND/OR THE WAVE SERVICE

We shall notify the User of any changes in the Terms of Use, the Application and/or the Wave Service prior to their introduction. If the User is not willing to accept such changes, he shall stop using the Application and the Wave Service, uninstalling the Application of his device. The use of the Application after the notification of the changes implies an acceptance of such changes by the User.

By clicking here you may download on your device a copy of the present Terms of use, in PDF format.

15. CONTACT AND WRITTEN COMMUNICATIONS

Applicable law requires that some of the information and communications to be sent by WAVE to the User must be in writing. By accepting these Terms of Use, the User agrees that most communications with WAVE will be electronic. WAVE will contact the user by email or by notices published on the Application or its web site. The User agrees to this electronic means of communication and acknowledges that any notice, information and other communications sent by WAVE by electronic means complies with the legal requirement of being in writing.

For any query or issue in connection with the Orders, the User shall contact WAVE by email at the following address: support@waveapplication.com

16. APPLICABLE LAW AND JURISDICTION

The operation and use of the Web Site and these Terms of Use are governed by Spanish law. Except in the case of engagement with consumers, WAVE and the User, with express waiver of any other jurisdiction that may correspond to them, agree to submit any conflict to the jurisdiction of the Courts and Tribunals of Madrid (Spain).

The present Conditions of Use and the rest of the information that is provided to the user will be available both in Spanish and English.

Summarized terms of use for under age users

1. General Information

Wave is an Application that lets you share your location with other users and see the location of users who share it with you through your phone, locating people in real time on a map. In this document we inform you, in a summarized and simple way, on the rights and obligations that you have as a consequence of the use of the Application. However, remember that you are also obliged by the rest of the legal texts available in the Application and in the Web Site, which you must read too.

If you need the data of the company which owns Wave, you can find it here (ENABLE LINK TO THE CONDITIONS OF USE).

2. Age required

To download and use the Application, it is necessary to be over 14 years old and to have the legal capacity to do so. We may ask you at any time to demonstrate your age; if you don't, Wave may delete or block your profile. We recommend that you use the Application always under the advice and counsel of your parents or legal guardians.

3. Wave services

It is important that you know that you can decide at all times with whom you want to share your location. Remember that you are the only responsible for the information that you share with other users. Choose well those users with who you want to share your location. Even so, we recommend you to use the service with caution and not to share your location with people that are not trusted, especially with people you do not know or you have known via the internet.

If you have any doubt, you can contact us at support@waveapplication.com

4. Payment for the services

The download and use of the application is currently free. However, we reserve the right to establish a price. In the event that we do so, we will inform you properly. However, please note that the payment for the Application may only be done by your parents or legal guardians.

5. Use the application

You agree to use the application in accordance with the law and good customs. In particular, but without being limited to this, you cannot:
a) Harass or disturb third persons and/or impair its intimacy and privacy;
b) Impersonate another user or third persons;
c) Spy on other users or third parties;
d) Bring to the attention of others the location of other users;
e) Undermine the reputation, image and honor of other users or third parties; and
f) Use the application for advertising purposes, in order to promote products, services or activities.

In addition, you will not carry out any activity that could cause damage to the Application and/or the Service and/or its operation and development.

In the case that you have knowledge that a person carries out any of the acts mentioned above, we ask you to notify us via the following email address support@waveapplication.com

6. Intellectual Property

Wave is the holder of all the intellectual and industrial property rights relating to the Application. Therefore, you cannot exploit or make commercial acts with content (images, brands, logos, texts...) of Wave without our prior written permission.

In addition, keep in mind that you grant to Wave all the rights on the content you upload to the Application. For more information, please consult the Conditions of use of the service Wave.

7. Modification of the conditions of use

Conditions of use may be amended at any time by the requirements of the service, its various functionalities or by applicable law.

8. Protection of your personal data

We have security and privacy measures to adequately protect your information, but only you are responsible for the locations and content you share with other users, as well as to safeguard your mobile device.

Keep in mind that you are obligated to provide actual and current data.

For more information read the privacy policy Política de Privacidad

9. Questions and inquiries

Please, write to support@waveapplication.com to ask any questions or make any comments about our terms of use.

These Terms of Use were updated on October 10 2016