Blockwave Media, LLC – Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Blockwave Media, LLC platform and related services (collectively, the "Service"), operated by Blockwave Media, LLC (the "Company", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Eligibility & Accounts

You may use the Service only if you are able to form a binding contract with us and are not barred from using the Service under any applicable law. If you are using the Service on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other breach of security.

2. Description of the Service

Blockwave Media, LLC provides a communication and workflow platform for auto repair, collision, and hail-repair shops. The Service may include:

• SMS messaging and status updates to vehicle owners
• Job and workflow status tracking
• AI-assisted replies and analytics
• Dashboards, reporting, and related tools

We may update, modify, or discontinue features of the Service at any time, with or without notice, provided that we do not materially reduce core functionality for paying customers without reasonable notice.

3. Your Responsibilities

You are solely responsible for all content, data, and communications sent through the Service from your account, including any messages sent to your customers. This includes:

• Compliance with all applicable laws and regulations
• Complying with SMS/A2P rules, carrier policies, opt-in/opt-out requirements, and "STOP" handling
• Ensuring the accuracy of any repair updates, dates, ETAs, or promises you communicate

You acknowledge that Blockwave Media, LLC is a tool and does not independently verify the accuracy of the information you input or send to your customers.

4. AI Features & Disclaimers

The Service may offer AI-assisted replies, summaries, and analytics. You understand and agree that:

• AI output may be incomplete, inaccurate, or inappropriate
• AI output is provided for convenience and must be reviewed by you where appropriate
• You remain fully responsible for the content of any message sent to your customers, whether written by a human or suggested by AI

To the maximum extent permitted by law, we disclaim any liability arising from or related to AI-generated content or decisions based on such content.

5. Messaging & Third-Party Services

The Service may integrate with third-party providers such as SMS carriers, Twilio, email providers, and AI model providers. We do not control and are not responsible for delays, failures, or errors arising from these providers.

Message delivery is not guaranteed. You acknowledge that delays, non-delivery, or duplication of messages can occur and that we shall not be liable for any damages or losses arising from such issues.

6. Payment, Plans & Trials

If you purchase a paid plan, you agree to pay all applicable fees as described at the time of purchase, plus any applicable taxes. Fees are non-refundable unless otherwise required by law.

We may offer a free trial or promotional period. We reserve the right to modify or withdraw such offers at any time.

7. Prohibited Uses

You agree not to use the Service to:

• Send spam or unsolicited bulk messages
• Harass, threaten, or defame any person
• Violate privacy or data protection laws
• Reverse engineer, decompile, or attempt to access source code
• Use the Service in a manner that harms or overloads it

8. Intellectual Property

We retain all rights, title, and interest in and to the Service, including all related intellectual property rights. You retain rights to any data you input into the Service and to your customer relationships.

9. Disclaimers

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that data will not be lost or corrupted.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, loss of business, or loss of data, arising out of or relating to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Service or these Terms shall not exceed the amount paid by you for the Service during the three (3) months immediately preceding the event giving rise to the claim. If you are on a free or trial plan, our aggregate liability is limited to zero.

11. Indemnification

You agree to indemnify, defend, and hold harmless Blockwave Media, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your use of the Service
• Your content or communications with customers
• Your violation of these Terms or applicable law

12. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding arbitration, rather than in court, except that you or we may seek injunctive relief in a court of competent jurisdiction. You agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-app notification). Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.

14. Contact

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

Email: support@blockwavemedia.io