Terms of Service

XWave provides a communications service that lets you send messages, make voice and video calls, create and participate in groups, and share media such as photos, videos, documents, audio, locations, contacts, and polls. We are continually improving XWave and may add, change, or remove features over time.

XWave is currently available on iOS and Android, with additional platforms planned. Some features may not be available in all regions or on all devices.

To use XWave, you register using a mobile phone number. You agree to:

• Provide accurate registration information and keep it up to date.
• Use a phone number that you are authorized to use.
• Keep your account and the device you use to access XWave secure.
• Notify us promptly of any unauthorized use of your account.

You are responsible for activity that occurs through your account. You must not create an account for anyone other than yourself without authorization.

You must be old enough to form a binding contract and to use a communications service under the laws of your jurisdiction, and you must not be barred from using the service under applicable law. If you use XWave on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

To use XWave you need a compatible device, internet access, and the current version of the app. We may update the app automatically or require you to update it to keep using the service.

XWave uses your internet connection to send messages and place voice and video calls. Your mobile carrier or internet provider may charge you for data and other fees; those charges are your responsibility.

XWave is free for personal use. Where we offer paid features or plans in the future, the applicable fees, billing terms, and any taxes will be presented to you before you purchase, and additional terms may apply.

Your use of XWave is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. Please review it to understand our practices.

You agree to use XWave lawfully and respectfully. In particular, you must not:

• Use XWave for anything illegal or that facilitates illegal activity.
• Harass, threaten, defame, or harm others.
• Send spam, or use the service for bulk or automated unsolicited messaging or calling.
• Distribute malware or attempt to compromise the service or other users.
• Interfere with, disrupt, or attempt to gain unauthorized access to the service.
• Infringe the rights of others, including intellectual property and privacy rights.

Our Acceptable Use Policy provides further detail and is incorporated into these Terms.

You retain ownership of the content you create and share through XWave. You are responsible for that content and for ensuring you have the rights necessary to share it.

To operate the service, you grant XWave a limited license to host, transmit, process, and display your content solely as needed to deliver it to the people and groups you choose and to provide, maintain, and improve the service. We do not claim ownership of your conversations.

XWave, including its software, design, and branding, is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the service for its intended purpose. You may not copy, modify, reverse-engineer, or distribute our proprietary materials except as permitted by law.

XWave may link to or interoperate with third-party services. We are not responsible for the content, policies, or practices of those services, and your use of them is governed by their own terms.

We work hard to keep XWave available and reliable, but we do not guarantee that it will always be uninterrupted, timely, or error-free. We may modify, suspend, or discontinue features or the service, in whole or in part, and will try to give reasonable notice where appropriate.

You may stop using XWave and delete your account at any time. We may suspend or terminate your access if you violate these Terms or our policies, if required by law, or where necessary to protect the service or other users. Provisions that by their nature should survive termination will continue to apply.

XWave is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. Because messaging and calling depend on your device, software, and network and carrier conditions, we do not warrant that messages will always be delivered or that calls will always connect or be of a particular quality. XWave is not a replacement for emergency services and cannot be used to call emergency responders.

To the fullest extent permitted by law, XWave and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, use, goodwill, or profits, arising from or related to your use of the service. Our total liability for any claim will be limited to the extent permitted by applicable law.

To the extent permitted by law, you agree to indemnify and hold harmless XWave and its affiliates from claims, damages, and expenses arising out of your misuse of the service, your content, or your violation of these Terms or applicable law.

These Terms are governed by the laws of the jurisdiction in which XWave is operated, without regard to conflict-of-laws principles. Any disputes will be resolved in the courts of that jurisdiction, unless applicable law grants you the right to bring proceedings elsewhere. Nothing in these Terms limits mandatory consumer-protection rights available to you under local law.

We may update these Terms from time to time. When we make material changes, we will update the “last updated” date and, where appropriate, provide additional notice. Your continued use of XWave after changes take effect constitutes acceptance of the updated Terms.

These Terms, together with the policies referenced in them, are the entire agreement between you and XWave regarding the service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? Reach us at hello@thexwave.com or through our contact page.