1. Use of the Services and Tidal Wave Properties
The App, Website, and Services, along with the information and
content available on them (collectively, the "Tidal Wave
Properties"), are protected by U.S. copyright laws. Under
the Agreement, Tidal Wave grants you a limited license to
reproduce portions of the Tidal Wave Properties solely for
personal or internal business purposes. Unless specified in a
separate license by Tidal Wave, your right to use any Tidal Wave
Property is governed by the Agreement.
1.1. Description
The Service allows Registered Users to place captioned calls via
the App or Website. The captions are provided through an
automated speech recognition system.
1.2. Requirements for Use of the Services.
To use the Service for free, you must have a hearing loss
or speech impediment that necessitates the use of a captioned
telephone service, and you must not allow others without such
impairments to use the Services to make calls. The transcription
cost is funded by a government program, and we may disclose your
telephone number to third parties to verify eligibility. Tidal
Wave reserves the right to offer the Service for a fee outside
the United States and to users without hearing loss or speech
impediments. Users without such impairments should turn off
captions during use.
1.3. App License.
Subject to compliance with the Agreement, Tidal Wave grants you
a limited, non-exclusive, non-transferable, non-sublicensable,
revocable license to download, install, and use the App on a
device you own or control for personal or internal business
purposes. For Apps accessed or downloaded from the Apple App
Store, you must use them on Apple-branded products running iOS
as permitted by the Apple App Store Terms of Service. For Apps
from the Google Play Store, you may have additional license
rights for use within your family group.
1.4. Updates.
Tidal Wave Properties are evolving, and updates may be required.
Tidal Wave may update the Properties with or without notifying
you, and you may need to update third-party software to use the
Properties.
1.5. Certain Restrictions.
Your rights under the Agreement are subject to these
restrictions
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You shall not license, sell, rent, lease, transfer, assign,
reproduce, distribute, host, or otherwise commercially exploit
Tidal Wave Properties.
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You shall not use metatags or hidden text using Tidal Wave's
name or trademarks.
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You shall not modify, translate, adapt, merge, create
derivative works from, disassemble, decompile, reverse
compile, or reverse engineer any part of Tidal Wave
Properties.
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You shall not use software, devices, or other processes to
scrape or download data from web pages in the App or Website,
except for public search engines with permission to create
publicly available indices.
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You shall not remove or destroy any copyright notices or
proprietary markings on Tidal Wave Properties.
Any future release, update, or addition to Tidal Wave Properties
will be subject to the Agreement. Tidal Wave reserves all rights
not expressly granted in the Agreement. Unauthorized use of any
Tidal Wave Property terminates the licenses granted under the
Agreement.
1.6 Third-Party Materials
You may have access to materials hosted by third parties as
part of Tidal Wave Properties. Tidal Wave cannot monitor these
materials, and you access them at your own risk.
2. Registration
2.1 Registering Your Account
To access certain features of Tidal Wave Properties, you may
need to become a Registered User by creating an account on the
App (your "Account").
2.2 Registration Data
When registering, you agree to provide true, accurate,
current, and complete information about yourself as prompted
by the registration form ("Registration Data"). You
represent that you are (a) at least thirteen (13) years old;
(b) of legal age to form a binding contract or have reviewed
this Agreement with your parent or legal guardian, who agrees
to this Agreement on your behalf; and (c) not a person barred
from using Tidal Wave Properties under applicable laws. You
are responsible for all activities that occur under your
Account and agree to monitor your Account to prevent use by
minors, accepting full responsibility for any unauthorized use
by minors. If you provide any information that is untrue,
inaccurate, not current, or incomplete, or if Tidal Wave has
reasonable grounds to suspect such, Tidal Wave may suspend or
terminate your Account and refuse any and all current or
future use of Tidal Wave Properties. You agree not to create
an Account using a false identity or on behalf of someone
other than yourself, and you will not have more than one
Account per platform or SNS at any given time. Tidal Wave
reserves the right to remove or reclaim any usernames at any
time for any reason, including claims that a username violates
third-party rights. You agree not to create an Account or use
Tidal Wave Properties if you have been previously removed or
banned by Tidal Wave.
2.3 Your Account
You acknowledge and agree that you have no ownership or
property interest in your Account, and all rights to your
Account are owned by and inure to the benefit of Tidal Wave.
Tidal Wave reserves the right to terminate your Account if it
has been inactive for more than thirty (30) days.
2.4 Necessary Equipment and Software
You must provide all equipment and software necessary to
connect to Tidal Wave Properties and are solely responsible
for any fees, including Internet or mobile fees, incurred when
accessing Tidal Wave Properties. By providing your cellphone
number and using the Services, you consent to Tidal Wave using
your number for calls and texts to perform the Services. Tidal
Wave will not charge for calls or texts, but standard message
charges or other fees from your wireless carrier may apply.
You can opt out of receiving text messages by emailing
support@onetrs.net.
3. Fees
The OneTRS app and its services are provided free of charge
under a software license agreement.
4. Responsibility for Content
4.1 Types of Content
You acknowledge that all data, text, software, music, sound,
photographs, graphics, video, messages, tags, and other
materials accessible through Tidal Wave Properties
(collectively, "Content"), including Tidal Wave
Properties, are the sole responsibility of the party from whom
such Content originated. This means you, not Tidal Wave, are
entirely responsible for all Content that you upload, post,
email, transmit, or otherwise make available ("Make
Available") through Tidal Wave Properties ("Your
Content"), and you and other Registered Users, not Tidal
Wave, are responsible for all Content you and they Make
Available through Tidal Wave Properties ("User
Content").
4.2 No Obligation to Pre-Screen Content
You acknowledge that Tidal Wave has no obligation to
pre-screen Content (including User Content), though Tidal Wave
reserves the right to pre-screen, refuse, or remove any
Content at its sole discretion. By entering into the
Agreement, you provide your irrevocable consent to such
monitoring and agree that you have no expectation of privacy
concerning the transmission of Your Content, including chat,
text, or voice communications. If Tidal Wave pre-screens,
refuses, or removes any Content, it does so for its benefit,
not yours. Tidal Wave reserves the right to remove any Content
that violates the Agreement or is otherwise
objectionable.
4.3 Storage
Unless expressly agreed to by Tidal Wave in writing, Tidal
Wave has no obligation to store any of Your Content made
available on Tidal Wave Properties. Tidal Wave is not
responsible for the deletion or accuracy of any Content, the
failure to store, transmit, or receive transmission of
Content, or the security, privacy, storage, or transmission of
communications using Tidal Wave Properties. Certain Services
may allow you to specify the level at which they restrict
access to Your Content. You are solely responsible for
applying the appropriate level of access. If you do not
choose, the system may default to the most permissive setting.
Tidal Wave retains the right to create reasonable limits on
the use and storage of Content, including Your Content, such
as file size, storage space, processing capacity, and other
limits described on the App or Website or as determined by
Tidal Wave in its sole discretion.
5. Ownership
5.1 Tidal Wave Properties
Except for Your Content and User Content, Tidal Wave and its
suppliers own all rights, title, and interest in Tidal Wave
Properties, including any computer code, themes, objects,
concepts, artwork, animations, sounds, audiovisual effects,
moral rights, and server software. You will not remove, alter,
or obscure any copyright, trademark, service mark, or other
proprietary rights notices incorporated in or accompanying any
Tidal Wave Properties.
5.2 Trademarks
Tidal Wave and all related graphics, logos, service marks,
and trade names used on or in connection with Tidal Wave
Properties or Services are trademarks of Tidal Wave and may
not be used without permission. Other trademarks, service
marks, and trade names appearing on Tidal Wave Properties are
the property of their respective owners.
5.3 Other Content
Except for Your Content, you have no right, title, or
interest in any Content that appears on Tidal Wave
Properties.
5.4 Your Content
Tidal Wave does not claim ownership of Your Content. However,
when you post or publish Your Content on Tidal Wave Properties
as a Registered User, you grant Tidal Wave a fully paid,
royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, host, display, publish, license,
distribute, reproduce, modify, and adapt Your Content for
operating, providing, developing, and improving Tidal Wave
Properties and researching and developing new Services. You
warrant that the holder of any worldwide intellectual property
right in Your Content has waived all such rights and granted
you the right to grant the license above. You are responsible
for all of Your Content made available on Tidal Wave
Properties.
5.5 Feedback
You agree that any ideas, suggestions, documents, and/or
proposals submitted to Tidal Wave through its feedback pages
("Feedback") are at your own risk and Tidal Wave has
no obligations regarding such Feedback. You represent and
warrant that you have all rights necessary to submit the
Feedback and grant Tidal Wave a fully paid, royalty-free,
perpetual, irrevocable, worldwide, non-exclusive, fully
sublicensable right and license to use, reproduce, perform,
display, distribute, adapt, modify, re-format, create
derivative works of, and commercially or non-commercially
exploit any and all Feedback, and to sublicense these rights,
in connection with operating and maintaining Tidal Wave
Properties and Tidal Wave’s business.
6. User Conduct
6.1 Commercial Activities:
Users are prohibited from engaging in activities such as
reselling Tidal Wave properties, posting unsolicited ads,
using the platform for commercial solicitation, and engaging
in spam or pyramid schemes.
6.2 General Conduct:
Users must not share content that is unlawful, defamatory, or
harmful, impersonate others, share unauthorized content,
infringe on others' rights, violate laws, create multiple
accounts, or harass other users.
7. Investigations
Tidal Wave reserves the right to monitor content and user
activity. They can remove content and terminate user accounts
if violations are suspected.
8. Interactions with Other Users
8.1 User Responsibility:
Users are responsible for their interactions with others.
Tidal Wave can intercede in disputes but is not obligated to
do so.
8.2 Content Provided by Other Users:
Tidal Wave is not responsible for user-generated content.
Users interact with such content at their own risk.
9. Third-Party Services
9.1
Third-Party Websites, Applications, and Ads:
Tidal Wave provides links to third-party sites but is not
responsible for their content. Users should review the
third-party terms and policies.
9.2 App Stores:
The availability of Tidal Wave apps depends on third-party
app stores (e.g., Apple App Store). The Agreement is between
the user and Tidal Wave, not the app stores.
10. Indemnification
Users agree to indemnify Tidal Wave and its affiliates
against losses or claims arising from their content, use of
services, violations of the Agreement, or other users'
rights.
11. Disclaimer of Warranties and Conditions
Tidal Wave provides services "as is" without
warranties. They are not liable for third-party conduct or
content, and users assume all risks.
12. Limitation of Liability
12.1 Disclaimer of Certain Damages:
Tidal Wave is not liable for indirect, incidental, or
consequential damages. Certain limitations on liability apply,
but they do not cover cases of negligence or fraud by Tidal
Wave.
12.2 Cap on Liability:
Tidal Wave’s liability is capped at $100 or the amount
specified by applicable law, except for negligence or
fraud.
12.3 User Content:
Tidal Wave is not responsible for content timeliness,
deletion, or failure to store user data.
12.4 Basis of the Bargain:
The liability limitations are fundamental to the
agreement.
13. Remedies
13.1 Violations:
Tidal Wave can investigate violations, report criminal
activity, and disclose information to authorities if
needed.
13.2 Breach:
If a user breaches the Agreement, Tidal Wave can warn, delete
content, discontinue services, cooperate with law enforcement,
and pursue other actions.
14. Term and Termination
14.1 Term:
The Agreement starts when accepted and continues until
terminated.
14.2 Prior Use:
The Agreement applies from the first use of Tidal Wave
properties.
14.3 Termination by Tidal Wave:
Tidal Wave can terminate services without notice for material
breaches or legal requirements.
14.4 Termination by Users:
Users can terminate services by closing their accounts.
14.5 Effect of Termination:
Termination includes loss of access and deletion of user
content. Surviving provisions continue after
termination.
14.6 No Subsequent Registration:
Users cannot re-register if access is terminated for
violations.
15. Dispute Resolution
15.1 Applicability:
Disputes are resolved by binding arbitration, not in court,
except for small claims and intellectual property
issues.
15.2 Arbitration Rules and Forum:
Arbitration is governed by the Federal Arbitration Act and
conducted by JAMS, following specific rules.
15.3 Authority of Arbitrator:
The arbitrator decides the scope and enforceability of the
Arbitration Agreement and can award damages and relief.
15.4 Waiver of Jury Trial:
Users waive the right to sue in court or have a jury
trial.
15.5 Waiver of Class Actions:
Disputes must be arbitrated individually, not as a class or
collective action.
15.6 30-Day Right to Opt Out:
You have the right to opt out of the provisions of this
Arbitration Agreement. To do so, you must send a written notice
of your decision to opt out to: unsubscribe@onetrs.net within 30
days of first becoming subject to this Arbitration Agreement.
Your notice must include:
- Your name and address
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Your Tidal Wave username (if any)
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The email address you used to set up your Tidal Wave account
(if you have one)
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An unequivocal statement that you want to opt out of this
Arbitration Agreement
If you choose to opt out of this Arbitration Agreement, all
other parts of the Agreement will still apply to you. Opting out
of this Arbitration Agreement does not affect any other
arbitration agreements you may currently have or may enter into
in the future with Tidal Wave.
15.7 Severability:
If parts of the Arbitration Agreement are invalid, the rest
remains effective.
15.8 Survival:
The Arbitration Agreement survives termination of the user
relationship.
15.9 Modification:
Users can reject future changes to the Arbitration Agreement
within 30 days.
16. General Provisions
16.1 Electronic Communications:
Communications between you and Tidal Wave may occur
electronically. By using Tidal Wave Properties, you consent to
receive electronic communications from Tidal Wave and agree
that these communications satisfy any legal requirements for
written communication.
16.2 Release:
You release Tidal Wave and its parties from any claims or
damages arising from your use of Tidal Wave Properties, except
for claims resulting from unconscionable commercial practices
or fraud by Tidal Wave.
16.3 Assignment:
You cannot transfer or assign your rights or obligations
under the Agreement without Tidal Wave's prior written
consent.
16.4 Force Majeure:
Tidal Wave is not liable for delays or failures to perform
due to causes outside its control, such as natural disasters,
war, or strikes.
16.5 Questions, Complaints, Claims:
For any issues, contact
Tidal Wave Telecom, Inc. at
4215 Tierra
Rejada Rd, #172,
Moorpark, CA 93021,
Attn: Legal,
or email
support@onetrs.net.
16.6 Exclusive Venue:
Any litigation related to the Agreement will be conducted
exclusively in Ventura County, California.
16.7 Governing Law:
The Agreement is governed by the laws of the State of
California, excluding its conflict of law principles. The
United Nations Convention on Contracts for the International
Sale of Goods does not apply.
16.8 Notice:
You are responsible for providing a valid email address for
notifications from Tidal Wave. Notices sent to your last
provided email address are considered effective.
16.9 Waiver:
Failure to enforce any provision of the Agreement on one
occasion does not waive the right to enforce it on any other
occasion.
16.10 Severability:
If any part of the Agreement is found invalid or
unenforceable, it will be modified to reflect the parties'
original intent, and the remaining portions will remain in
effect.
16.11
Accessing and Downloading the Application from Apple App
Store:
The Agreement between you and Tidal Wave is independent of
Apple. Apple is not responsible for the App or its content and
has no obligation to provide support. Apple may enforce the
Agreement as a third-party beneficiary.
16.12 Consumer Complaints:
In accordance with California Civil Code §1789.3, complaints
can be reported to the California Department of Consumer
Affairs.
16.13 Entire Agreement:
The Agreement constitutes the entire agreement between the
parties and supersedes all prior discussions.
Annex 1 - Tidal Wave E911 Services
- 911 Services:
Jails and Prisons do not allow incarcerated individuals to
dial 911. Therefore, 911 calls are not allowed.