Great Wave AI Terms of Service

Last updated: 2nd December 2024

Welcome to Great Wave AI, a no-code platform that accelerates enterprise adoption of Generative AI through simple build and management of Generative AI Agents. These Terms of Service (“Terms”) govern your access to and use of the platform, website, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms.

1. Definitions

“Services” means the Great Wave AI platform (https://app.greatwave.ai/ or variations of [subdomain].greatwave.ai). The Services are provided “as is” without any express or implied warranties.

“You” or “Your” means you or the entity that you represent in accepting these Terms. If signing up for a Enterprise Account, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on behalf of such employer or entity.

“Agent” means an Agent built on the Services.

“Agent Interaction” means any interaction with an Agent via any channel (this includes, but is not limited to, via an API call, via the built-in chat functionality that comes with each Agent, via the various testing views within the platform, via another Agent in a chain).

“Agent Outputs” means any data or information that you generate via an Agent through use of the Service.

“Your Data” means any data or information in any form or medium uploaded to the Great Wave AI platform, via any channel (including, but not limited to via our web interface or via our API endpoints), by yourself, for the provision of the Services under this agreement, including without limitation any personal data but excluding any data or information which Great Wave AI obtains from third parties in the course of providing the Services.

“Personal Account” means any of our licence plans meant for personal use.

“Enterprise Account” means any of our licence plans meant for business use.

“Enterprise Agreement” means any custom agreement, outside of our standard licence models, between Great Wave AI and a business (including, but not limited to, our Platform Agreement and Letter of Agreement).

“Data Protection Legislation” means, to the extent applicable to these Terms, (i) the United Kingdom General Data Protection Regulation, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and the Security of Network & Information Systems Regulations 2018, all as amended and/or replaced, and in force from time to time, (ii) the General Data Protection Regulation 2016 (EU) 2016/679 and all other applicable laws and regulations relating to data protection and privacy, and (iii) all related statutory codes of practice and guidance issued by any relevant data protection authority.

2. Acceptance of Terms

By using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, you must immediately stop using the Services.

3. Changes to the Terms

Great Wave AI may modify these Terms at any time. Changes will be effective upon posting the revised Terms on our website or within the Services. Your continued use of the Services after any changes indicates your acceptance of the new Terms. Please review these Terms regularly.

4. Eligibility

To use the Services, you must be at least 18 years old or the legal age of majority in your jurisdiction. By agreeing to these Terms, you represent that you have the legal capacity to enter into a contract and are not barred from using the Services under applicable law.

5. Account Registration

You must register for an account to access the Services. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

6. License to Use Services

Great Wave AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for personal or business purposes and in accordance with these Terms. This license does not give you any rights to modify, distribute, copy, reverse-engineer, or otherwise use the Services in any manner not expressly permitted under these Terms.

7. Service Availability

We make reasonable efforts to ensure that the Services are available 24/7, but we do not guarantee uninterrupted or error-free service. We reserve the right to modify, suspend, or discontinue the Services at any time without notice.

You acknowledge that the Services are continually under development, and Great Wave AI reserves the right to change, modify, or enhance the Services during the Term. Great Wave AI will not remove or materially reduce the core functionality of the Services without prior notice. Such modifications may include, but are not limited to, the addition of new features, updates, or improvements.

8. Restrictions on Use

You agree that you will not, and will not permit any third party to, except as permitted by applicable law which cannot be excluded by agreement:

a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute any portion of the Services in any form or by any means;

    b) attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form any part of the Services;

    c) access the Services to build a product or service that competes with the Services;

    d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Services, or make them available to any third party, except as necessary for the normal operation of the Services; or

    e) attempt to obtain or assist any third party in obtaining unauthorised access to the Services.

    Furthermore, you agree that you will not, directly or indirectly, charge any fees or other forms of compensation to any third party for the use of, access to, or rights in the Services provided under these Terms. This includes, but is not limited to, selling, leasing, renting, or otherwise providing access to the Services, whether on a temporary or permanent basis, in exchange for payment or other consideration. For the avoidance of doubt, this prohibition includes any form of third-party access, including Agent Interactions. You acknowledge that any attempt to monetise access to the Services through direct charges, subscription fees, service fees, or any other form of financial transaction with third parties constitutes a material breach of these Terms.

    9. Subscription and Payment

    • Usage Limits: Some subscription plans comes with specific usage limits, which may include, but are not limited to, limits on Agent Interactions, Document Uploads, Agents, and Users. The usage limits are specified in the Services. Great Wave AI reserves the right to adjust these usage limits:
      • For free subscription plans, Great Wave AI may modify usage limits at any time without prior notice.
      • For paid subscription plans, Great Wave AI may change usage limits with reasonable notice, typically at the end of a billing cycle or the renewal of a payment term.
    • Subscription Plans: Access to certain Services may require a paid subscription. Information on pricing, subscription options, and payment terms are provided at the point of sale. You shall pay value added tax (or equivalent sales/service tax) on (and in addition to) the specified fees at the rates prescribed by law at the time such fees become due.
    • Billing: Subscriptions are billed in advance on a monthly, annual, or otherwise basis, as selected during the registration process. Payment details, including credit card or other payment information, must be accurate and kept up to date.
    • Late Payments: If we do not receive payment by the due date, we reserve the right to suspend your access to the Services or terminate your account.
    • Refunds: Except as required by law or specified in an Enterprise Agreement, all fees are non-refundable, including upon termination or suspension of your account. For clarity, if you cancel your subscription before the end of the billing period, you will not be entitled to a refund for any unused portion of that period.

    10. Your Conduct

    You agree not to:

    • Use the Services for any illegal, fraudulent, or unauthorised purpose.
    • Interfere with, disrupt, or compromise the integrity or performance of the Services.
    • Attempt to gain unauthorised access to the Services or related systems.
    • Submit any information that violates any third-party rights, including intellectual property rights.

    11. Intellectual Property Rights

    All Intellectual Property Rights belonging to a party prior to the signing of this agreement shall remain vested in that party or its licensors.

    This includes the Great Wave AI platform and any modifications or improvements, which remains the sole property of Great Wave AI. If you provide feedback or suggestions regarding the Services, we may use that feedback without any obligation to you.

    You retain all rights, title, and interest in any Intellectual Property Rights to Your Data. Great Wave AI does not claim ownership of Your Data but may use it solely for the purpose of delivering the Services as outlined in these Terms.

    12. Third-Party Services

    Our Services may integrate with or link to third-party services that we do not control. We are not responsible for the content, privacy practices, or any actions of these third parties. Your use of third-party services is subject to their terms and conditions.

    13. Data Privacy and Security

    Your use of the Services is also governed by our Privacy Policy (https://greatwave.ai/privacy-policy/), which explains how we collect, use, and protect your personal data. By using the Services, you consent to the collection and use of your data in accordance with the Privacy Policy.

    14. Data Protection

    You and Great Wave AI shall comply with the Data Protection Legislation and comply with its respective obligations set out in the Data Processing Agreement (https://greatwave.ai/data-processing-agreement/).

    15. Confidentiality

    You agree to keep confidential all non-public information disclosed to you by Great Wave AI, including technical, business, and marketing information, unless you have explicit permission to disclose it.

    Great Wave AI agrees to keep confidential all non-public information disclosed to Great Wave AI by you, only using or disclosing it as necessary to fulfil obligations or exercise rights under these Terms. Great Wave AI may share your confidential information with personnel, advisors, or potential investors, provided none of Your Data is disclosed. Disclosure is allowed if the information is public, required by law, independently developed, or with written consent.

    The obligations with respect to confidential information disclosed under these Terms will survive termination and expiry of these Terms and will continue for as long as the information remains confidential.

    16. Liability and Warranty

    To the fullest extent permitted by law, Great Wave AI and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.

    Furthermore, you agree that Great Wave AI is not responsible or liable for any actions you may take or fail to take as a result of relying on the Services. Except as expressly set out in these Terms, Great Wave AI disclaims all implied conditions, warranties, representations, or other terms of any kind, whether implied by statute or common law, including but not limited to any warranties regarding fitness for a particular purpose, quality, merchantability, or non-infringement, to the fullest extent permitted by applicable law.

    In particular, Great Wave AI does not warrant that the operation of the Services will be uninterrupted, contaminant-free, or error-free, nor does it warrant that the Services will meet your specific requirements. You acknowledge that the Services are provided “as is” and “as available.”

    17. Indemnification

    You agree to indemnify and hold harmless Great Wave AI, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with your use of the Services, your breach of these Terms, or your violation of any intellectual property rights or other rights of a third party.

    18. Suspension and Termination

    • Termination by You: You may cancel your subscription and terminate your account at any time, subject to the Terms. Upon termination, your right to use the Services will cease.
    • Termination by Us: We reserve the right to suspend or terminate your access to the Services if we believe you have violated these Terms or for any other reason, with or without notice.
    • Effect of Termination: Upon termination, all rights granted to you under these Terms will immediately cease. You are responsible for any fees incurred before the effective date of termination.

    19. Force Majeure

    Great Wave AI will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, strikes, labour disputes, embargoes, government orders, or any other force majeure event.

    20. Dispute Resolution

    • Contact Us: In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your use thereof, we encourage you to contact us directly at contact@greatwave.ai to discuss the matter and seek resolution.
      If we are unable to resolve the dispute informally within a reasonable time frame, either party may then pursue any legal rights or remedies available under these Terms or applicable law. By contacting us first, we hope to address and resolve any issues amicably and efficiently.
    • Governing Law: These Terms shall be governed by and construed in accordance with English laws.
    • Arbitration: The parties irrevocably submit to the exclusive jurisdiction of the English courts in respect of any dispute or disagreement arising out of or in connection with these Terms.

    21. Your Responsibilities

    You agree and acknowledge that it is your responsibility to ensure that you have the necessary equipment (of appropriate specification and compatible with the Services) and a reliable internet connection to access and use the Services. Great Wave AI will not be responsible for any issues arising from your inability to access the Services due to inadequate or incompatible equipment or internet connectivity.

    You acknowledge and agree that you are responsible for complying with all applicable law in the operation of your business, and Great Wave AI’s provision of the Services, in accordance with these Terms, does not place any responsibility on Great Wave AI for your compliance with any applicable laws.

    You represent and warrant that they have the necessary rights to provide Great Wave AI with Your Data under this Agreement and to grant Great Wave AI the rights to use them as needed to deliver the Services.

    22. Enterprise Specific

    Anyone using the Services under an Enterprise Account, even if their account was created by someone other than themselves, are bound by these Terms, and it is the responsibility of the user who signed up for the Enterprise Account to inform new users under the same Enterprise Account.

    23. Miscellaneous

    • Entire Agreement: These Terms, along with our Privacy Policy, Data Processing Agreement (DPA), and any applicable Enterprise Agreement, constitute the entire agreement between you and Great Wave AI regarding the Services and supersede any prior agreements, understandings, or arrangements, whether written or oral. In the event of any conflict between these Terms and an Enterprise Agreement, the terms of the Enterprise Agreement shall prevail.
    • Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
    • Assignment: You may not assign these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
    • Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

    24. Contact Information

    If you have any questions about these Terms, please contact us at:

    Email: contact@greatwave.ai