Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you and BigWave Software, LLC (“BigWave,” “we,” “us,” or “our”). They govern your access to and use of the bigwavesoftware.com website and the BigWave field service management software and related services (together, the “Services”).

By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you are entering into these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization. If you do not agree to these Terms, do not access or use the Services.

Accounts

Some parts of the Services require an account. You agree to provide accurate and complete information when you register and to keep it up to date. You are responsible for keeping your credentials secure, for all activity that occurs under your account, and for your users’ compliance with these Terms. You must notify us promptly of any unauthorized use of your account or any other breach of security.

Access to the Services

Subject to these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription term. We reserve all rights not expressly granted to you.

Fees and payment

Access to paid features of the Services requires payment of the fees described in the applicable quote, order, or invoice. Unless stated otherwise, fees are due as invoiced and are exclusive of taxes, which are your responsibility. Any free trial is provided as described at the time it is offered, and we may modify or discontinue trials at our discretion.

Acceptable use

You agree not to:

• Use the Services in violation of any applicable law or the rights of others.
• Upload or transmit unlawful, infringing, or harmful content.
• Copy, modify, reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by law.
• Interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access to the Services or related systems.
• Resell, sublicense, or otherwise make the Services available to third parties except as expressly permitted.

Your data

You retain all rights to the data you and your users submit to the Services (“Customer Data”). You grant us the right to host, process, and use Customer Data as needed to provide and improve the Services. You are responsible for the accuracy, quality, and legality of Customer Data and for having the necessary rights and consents to provide it. Our handling of personal information is described in our Privacy Policy.

Intellectual property

The Services, including all software, content, and materials we provide, and all intellectual property rights in them, are and remain the property of BigWave and its licensors. These Terms do not transfer to you any of our or any third party’s intellectual property. BigWave names, logos, and marks may not be used without our prior written permission.

Third-party services

The Services may interoperate with or link to services, products, or applications provided by third parties (“Third-Party Services”). Your use of Third-Party Services is at your own risk and subject to their terms. We are not responsible or liable for any Third-Party Services or for any loss or damage arising from your use of them.

Disclaimer of warranties

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, BigWave and its suppliers and licensors disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. You use the Services at your own discretion and risk.

Limitation of liability

To the fullest extent permitted by law, BigWave and its suppliers and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or related to your use of the Services, even if advised of the possibility of such damages. In no event will BigWave’s total liability arising out of or related to the Services exceed the greater of the amounts you paid to us for the Services in the twelve (12) months before the event giving rise to the liability, or one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You agree to indemnify and hold harmless BigWave and its officers, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Services, your Customer Data, or your violation of these Terms or applicable law.

Termination

We may suspend or terminate your access to all or any part of the Services at any time, with or without cause and with or without notice. You may stop using the Services at any time. If you have a paid subscription, termination is also governed by the terms of your applicable order or invoice. Provisions that by their nature should survive termination will survive, including ownership, warranty disclaimers, limitation of liability, and indemnification.

Governing law and venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. You agree that the exclusive venue for any such dispute will be the state and federal courts located in the State of Texas, and you consent to the personal jurisdiction of those courts.

Changes to these Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on this page with a new effective date or by other reasonable means before the changes take effect. Your continued use of the Services after the changes become effective constitutes your acceptance of the updated Terms.

General

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

Contact us

Questions about these Terms? Contact us at privacy@bigwavesoftware.com.

These Terms are provided for general information and are not legal advice. We recommend having them reviewed by qualified legal counsel for your specific circumstances.