Terms of Service

Thetawave AI Terms of Service

Last updated: May 9, 2026

These Terms of Service ("Terms") form a legally binding agreement between you and Thetawave AI, Inc., a Delaware corporation with its principal place of business in the United States ("Thetawave," "we," "us," or "our"), and govern your access to and use of the Thetawave AI website at https://thetawave.ai, our mobile applications, and any related services, software, and content (collectively, the "Services").

Please read these Terms carefully. By creating an account, accessing, or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

Important Notices

  • For Consumers Only. These Terms apply to individual consumer use only. Schools, universities, other educational institutions, and businesses procuring the Services on behalf of their members, students, or employees must contact us at contact@thetawave.ai for separate institutional or enterprise terms.
  • No AI Training on Your Content. We do not use the notes, documents, audio, images, or other materials you upload to the Services ("User Content") to train our own artificial intelligence or machine-learning models, nor do we permit our third-party AI providers to do so. See Section 6 and our Privacy Policy for details.
  • No Third-Party Advertising. The Services do not display third-party advertisements. Your study experience is never interrupted by external ads.
  • Educational Tool Only. Outputs from our AI features may be inaccurate or incomplete and are intended to support — not replace — independent study. See Section 10.
  • Arbitration & Class-Action Waiver. Section 18 contains a binding arbitration agreement and class-action waiver applicable to U.S. users, with a 30-day opt-out right.

1. Acceptance of Terms

By accessing or using the Services, clicking "I agree" (or similar), or creating an account, you represent that (a) you have read and understood these Terms; (b) you have the legal capacity to enter into a contract; and (c) if you are using the Services on behalf of an organization, you are authorized to bind that organization to these Terms.

These Terms incorporate by reference our Privacy Policy and any other policies we publish on the Services (e.g., community guidelines, acceptable-use rules).

2. Eligibility, Age, and Compliance

2.1 Minimum Age

You must be at least 13 years old (or the minimum digital-consent age in your jurisdiction, whichever is higher — for example, 14 in Spain, 15 in France, 16 in Germany and several other EU member states) to create an account.

2.2 Minors and Parental Consent

If you are under 18 (or the age of majority where you reside), you may use the Services only with the involvement, consent, and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

For users below the applicable age of digital consent (e.g., under 13 in the United States under COPPA), we require verifiable parental consent before any account is created. A parent or legal guardian may provide verifiable consent by emailing contact@thetawave.ai from their personal email address with (a) the child's name and account email, (b) an explicit statement of consent, and (c) such additional verification information as we may reasonably request (such as the last four digits of a payment card on file or a signed consent form). Parents may revoke consent and request deletion of the child's account at any time by contacting contact@thetawave.ai.

Schools and educators using the Services with students must obtain any consents required by applicable law (including FERPA, COPPA, GDPR, Japan's APPI, Korea's PIPA, and equivalent laws) and should contact us about institutional terms.

2.3 Prohibited Users

You may not use the Services if you are barred from doing so under applicable law or are on any U.S. or other government list of prohibited or restricted parties.

2.4 Export Controls and Sanctions

The Services and any related software are subject to U.S. export-control laws (including the U.S. Export Administration Regulations and the U.S. Department of the Treasury Office of Foreign Assets Control ("OFAC") sanctions programs) and to export-control and sanctions laws of the European Union, United Kingdom, Japan, South Korea, and other applicable jurisdictions.

By using the Services, you represent and warrant that:

  • You are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, the Crimea region, the so-called Donetsk People's Republic ("DNR"), and the so-called Luhansk People's Republic ("LNR"), as such sanctions may be updated from time to time);
  • You are not listed on any U.S. government denied-party list (including the Specially Designated Nationals and Blocked Persons List, the Entity List, or the Denied Persons List), nor on any equivalent list maintained by the European Union, United Kingdom, Japan, Korea, or other applicable government;
  • You will not export, re-export, or transfer the Services or any Output (as defined in Section 6.5) to any prohibited destination, person, or end-use.

We may suspend or terminate your access if we reasonably determine that your use violates applicable export-control or sanctions laws.

3. Account Registration and Security

You are responsible for (a) providing accurate, current, and complete registration information; (b) keeping your credentials confidential; (c) all activity under your account; and (d) promptly notifying us of any unauthorized use at contact@thetawave.ai. Each account is for a single user; you may not share, sell, transfer, or sublicense your account.

We strongly recommend that you (a) use a unique, strong password for your account; (b) enable two-factor authentication ("2FA") where available; and (c) keep the email address associated with your account secure, as it is used for password resets and account-recovery requests.

We may suspend, restrict, or terminate accounts that we reasonably believe are being shared, abused, or used in violation of these Terms.

4. Description of the Services

Thetawave AI provides AI-assisted study tools, including but not limited to: AI-generated notes, summaries, flashcards, quizzes, study chats, and content organization. The Services rely on third-party large language models from the AI providers identified in our Privacy Policy to generate outputs from your inputs and User Content. We may add, remove, or change features at any time.

The Services are provided as a tool to support learning. You remain responsible for your own academic work and the accuracy of any output you rely on.

Beta and experimental features. From time to time we may make beta, preview, or experimental features available. Such features are clearly identified or otherwise made known to you and are provided on an "as-is" basis; we may modify, suspend, or remove them at any time without notice, and additional terms may apply at the point of activation.

API and developer platform. We do not currently offer a public API or developer platform. If we make one available in the future, additional terms will apply and will be presented to you before access is granted.

5. Subscriptions, Billing, Trials, and Refunds

5.1 Free and Paid Tiers

We offer a limited free tier and paid subscription plans. Pricing, features, billing intervals, and usage limits for each plan are described on our pricing page and at the point of purchase.

5.2 Web Purchases (Stripe)

Subscriptions purchased through our website are processed by Stripe, Inc. Your subscription will automatically renew at the end of each billing cycle at the then-current rate until you cancel through your account settings. You can cancel at any time and will retain access through the end of the paid period.

5.3 Apple App Store Purchases

Subscriptions purchased through our iOS app are billed by Apple under your Apple ID and governed by Apple's standard terms.

  • Auto-renewal: Your subscription will renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
  • Management & cancellation: You manage and cancel your Apple subscription through Settings → [your name] → Subscriptions on your iOS device.
  • Refunds: Apple, not Thetawave, processes refunds for App Store purchases. Refund requests must be submitted to Apple at https://reportaproblem.apple.com.

5.3.1 Apple-Required Provisions for the iOS Application

The following provisions apply to Services accessed through our Apple iOS application (the "Licensed Application") and are required by Apple. To the extent these provisions conflict with other parts of these Terms, these provisions control with respect to your use of the Licensed Application.

  • Acknowledgment. These Terms are concluded between you and Thetawave only, and not with Apple Inc. ("Apple"). Apple is not responsible for the Licensed Application or its content.
  • Scope of License. The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, as permitted by the Apple Media Services Terms.
  • Maintenance and Support. Thetawave, not Apple, is solely responsible for providing any maintenance and support services for the Licensed Application. Apple has no obligation whatsoever to furnish any maintenance and support services.
  • Warranty. Thetawave is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.
  • Product Claims. Thetawave, not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession or use of it, including (i) product-liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection, privacy, or similar legislation.
  • Intellectual Property. In the event of any third-party claim that the Licensed Application or your use of it infringes that party's intellectual-property rights, Thetawave, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Legal Compliance. You represent and warrant that (i) you are not located in any country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties (see also Section 2.4).
  • Developer Name and Address. Thetawave AI, Inc. is the developer; for any questions, complaints, or claims regarding the Licensed Application, contact contact@thetawave.ai.
  • Third-Party Terms. You must comply with any applicable third-party terms when using the Licensed Application.
  • Third-Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

5.4 Google Play Purchases

Subscriptions purchased through our Android app are billed by Google under your Google account and governed by Google Play's terms.

  • Management & cancellation: Manage and cancel through the Google Play Store app → Subscriptions.
  • Refunds: Refund requests for Google Play purchases must be submitted to Google in accordance with Google's refund policy.

5.5 Refund Policy

5.5.1 First-Use Refund Guarantee (Web Subscriptions)

For new web subscriptions purchased through our website, we offer a First-Use Refund Guarantee: if you have generated two (2) or fewer AI notes since your purchase, you may request a full refund within 7 days of the purchase date by contacting contact@thetawave.ai with your account email and proof of purchase.

After you have generated more than two AI notes, or after 7 days have elapsed since purchase, web subscriptions are non-refundable except where required by applicable law (see Section 5.5.3). We may revoke a refund and reinstate charges if we detect abuse of this policy (e.g., repeated refund requests across multiple accounts).

5.5.2 Mobile Subscriptions (Apple App Store / Google Play)

Subscriptions purchased through the Apple App Store or Google Play are processed and billed by Apple or Google. Thetawave cannot directly issue refunds for these purchases. Refund requests must be submitted to the relevant platform:

5.5.3 Statutory Rights (EU / UK / Switzerland / South Korea / Other Jurisdictions)

Nothing in this section limits any non-waivable statutory cancellation or refund rights you may have under your local law. Where such rights exist, they apply in addition to (and prevail in case of conflict with) Sections 5.5.1 and 5.5.2. In particular:

  • European Economic Area, United Kingdom, and Switzerland: You have a 14-day right of withdrawal from the date of purchase under EU Directive 2011/83/EU and equivalent local laws. To exercise this right, email contact@thetawave.ai within 14 days of purchase.
  • South Korea: You have a 7-day cancellation right under the Act on Consumer Protection in Electronic Commerce (전자상거래 등에서의 소비자보호에 관한 법률).
  • Other jurisdictions: Where your local consumer-protection law provides additional cancellation or refund rights that cannot be waived, those rights apply.

To exercise any statutory right, contact contact@thetawave.ai with your account email and proof of purchase.

5.6 Free Trials

If we offer a free trial, you must cancel before the end of the trial to avoid being charged the subscription fee. We may modify or discontinue free trials at any time. The First-Use Refund Guarantee in Section 5.5.1 applies starting from the date of conversion from trial to a paid subscription, on the same 7-day / two-AI-note basis as a new web subscription.

5.7 Taxes

Prices are exclusive of applicable taxes (e.g., VAT, GST, JCT, sales tax) unless stated otherwise. You are responsible for all taxes associated with your purchase.

5.8 Price Changes

We may change subscription prices on renewal. We will provide reasonable prior notice (typically by email) before any price change takes effect.

6. User Content and License Grants

6.1 Ownership of User Content

You retain all ownership rights in any notes, documents, audio recordings, images, videos, text, and other materials you upload, create, or generate through the Services ("User Content"). We do not claim ownership of your User Content.

6.2 License You Grant to Thetawave

Solely to operate, provide, secure, and improve the Services for you, you grant Thetawave a worldwide, non-exclusive, royalty-free, revocable license to host, store, transmit, display, reproduce, modify (e.g., format conversion), and create derivative works of your User Content as necessary to deliver the Services to you. This license terminates when you delete the User Content or your account, except for (a) backup copies retained for a limited period as described in our Privacy Policy; (b) anonymized or aggregated data that no longer identifies you; and (c) content already transmitted to third-party AI providers for inference, which is governed by those providers' retention policies and which we cannot physically recall.

6.3 No AI Training on User Content

We do not train any artificial-intelligence or machine-learning models using your User Content, and we do not permit our third-party AI providers (as identified in our Privacy Policy) to do so. We rely on contractual zero-retention or no-training commitments from these providers when transmitting your content for inference. See our Privacy Policy for technical details. This Section 6.3 survives termination of these Terms or your account.

6.4 Your Representations

You represent and warrant that, for all User Content you upload:

  • You own the User Content or have all rights, licenses, consents, and permissions necessary to grant the license in Section 6.2 and to use the User Content with the Services;
  • The User Content does not infringe or violate any third party's intellectual-property, privacy, publicity, or other rights;
  • You have obtained any consents required from any individual whose voice, image, or personal information appears in the User Content (this is especially important for audio/video recordings — see Section 9);
  • The User Content does not violate any applicable law or any agreement you have with your school, employer, or other institution.

6.5 AI-Generated Outputs

Subject to your compliance with these Terms (including Sections 6.4 and 7), and to the extent permitted by applicable law and by the terms of the underlying AI providers, you own the AI-generated outputs that result from your inputs to the Services ("Outputs"). You acknowledge that:

  • Outputs are generated probabilistically; identical or substantially similar Outputs may be generated for other users from independent prompts, and you do not have an exclusive right to such non-unique Outputs;
  • Where your input includes third-party content (e.g., a textbook excerpt), the rights of those underlying rights-holders are unaffected by these Terms or by your use of the Outputs;
  • Outputs are subject to the disclaimers in Section 10 and to the use restrictions in Section 7.

6.6 Data Export

You may export your User Content in a commonly used, machine-readable format at any time through your account settings (where available) or by requesting an export at contact@thetawave.ai. We will respond to verifiable export requests within 30 days, except where additional time is reasonably required to verify your identity or to fulfill the request.

6.7 Feedback

If you send us suggestions or feedback about the Services, we may use it without restriction or compensation.

7. Acceptable Use

7.1 Prohibited Uses

You agree not to:

  • Use the Services for any unlawful, fraudulent, harmful, or abusive purpose;
  • Upload content that is illegal, infringing, defamatory, harassing, hateful, sexually explicit involving minors, or that depicts or promotes violence;
  • Reverse engineer, decompile, scrape, mirror, or attempt to extract the source code, models, prompts, weights, or training data of the Services;
  • Use the Services or its outputs to train, fine-tune, evaluate, or build a competing AI model or service;
  • Bypass usage limits, rate limits, or access controls; create multiple accounts to circumvent limits; or use automated tools (bots, scrapers, headless browsers) to access the Services without our written permission;
  • Resell, sublicense, lease, or commercially exploit access to the Services without our written permission;
  • Interfere with the security or integrity of the Services or attempt to gain unauthorized access to any account, system, or data;
  • Use the Services to send spam, malware, or any harmful code.

We may investigate and take legal action against violations of this section, including suspension or termination of your account.

7.2 Restrictions on AI-Generated Outputs

In addition to Section 7.1, and to comply with the use-case policies of our third-party AI providers, you agree not to use the Services or any AI-generated Output to:

  • Generate content that impersonates a real person without their explicit consent, including by creating photorealistic deepfakes, voice clones, or synthetic likenesses of identifiable individuals;
  • Generate child sexual abuse material (CSAM) or any content that sexualizes minors;
  • Generate content intended to harass, threaten, defame, or incite violence against any person or group;
  • Generate detailed technical instructions for creating weapons (firearms; chemical, biological, nuclear, or radiological weapons), explosives, or other devices designed to cause physical harm;
  • Generate content that promotes, encourages, or provides instructions for self-harm, suicide, or eating disorders;
  • Provide individualized medical, legal, financial, or mental-health diagnosis, prognosis, or advice as a substitute for a licensed professional;
  • Generate disinformation, election misinformation, or content designed to deceive about a matter of public concern;
  • Engage in political campaigning, lobbying, or astroturfing at scale; or
  • Engage in academic dishonesty in violation of Section 8.

We may use automated and manual review (including provider-side safety classifiers) to detect violations of this section, and may suspend or terminate accounts found to violate it. Where required by law, we will report certain content (e.g., CSAM) to the appropriate authorities.

8. Honor Code and Academic Integrity

The Services are designed to support your learning, not replace it. By using the Services, you agree:

  • You will not use the Services or any AI-generated Output to commit academic dishonesty, including plagiarism, contract cheating, or submitting AI-generated work as your own where doing so violates your school's, instructor's, or examination body's policies;
  • You will check and follow the AI-use policies of your educational institution and instructors;
  • You will not use the Services to take an exam, quiz, or graded assessment on your behalf in violation of those policies;
  • You will not upload secure exam content (e.g., proctored test questions, restricted question banks).

We may cooperate with academic institutions investigating credible allegations of misuse, including providing account information when required by law.

9. Recording, Lecture Materials, and Third-Party Copyright

If you upload lecture recordings, classroom audio/video, faculty-provided materials (e.g., slides, problem sets, textbook excerpts), or any other third-party content, you are solely responsible for ensuring that:

  • You have the right to record and use the materials under your institution's policies and applicable law (recording laws vary by jurisdiction; some U.S. states and other countries require all-party consent);
  • You have any necessary permission from the copyright holder (which may include your instructor, your institution, a textbook publisher, or other rights holders);
  • The upload does not violate confidentiality obligations or honor codes.

We will respond to credible takedown notices and may remove User Content and suspend repeat infringers — see Section 12.

10. AI Output Disclaimer

AI features generate outputs probabilistically and may produce inaccurate, incomplete, biased, or fabricated content ("hallucinations"). You agree:

  • You will independently verify any information before relying on it for academic, medical, legal, financial, or other consequential decisions;
  • The Services do not provide medical, legal, financial, mental-health, or other professional advice;
  • AI-generated content is provided "as is," and Thetawave makes no representation regarding accuracy, completeness, or fitness for any purpose.

11. Thetawave Intellectual Property

The Services, including all software, models, designs, logos, trademarks, and content (other than User Content and Outputs), are owned by Thetawave or its licensors and are protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial educational use, subject to these Terms. All rights not expressly granted are reserved.

12. DMCA and Copyright Infringement

We respect intellectual-property rights and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act ("DMCA") and equivalent laws in other jurisdictions.

To submit a DMCA notice, send a written notification to our designated agent that includes the information required by 17 U.S.C. § 512(c)(3):

DMCA Designated Agent Thetawave AI, Inc. Attn: DMCA Agent contact@thetawave.ai

We may remove allegedly infringing content, notify the affected user, and terminate accounts of repeat infringers in appropriate circumstances. Counter-notifications may be submitted in accordance with 17 U.S.C. § 512(g).

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose your information and which is incorporated into these Terms by reference.

14. Termination

14.1 Termination by You

You may stop using the Services and delete your account at any time through account settings or by contacting contact@thetawave.ai. Cancellation of a paid subscription does not automatically delete your account; account deletion must be requested separately.

14.2 Termination by Us

We may suspend or terminate your account, with or without notice, if we reasonably believe (a) you have violated these Terms; (b) your continued use poses risk to other users, to Thetawave, or to third parties; or (c) for legitimate business reasons (such as discontinuation of the Services — see Section 14.3).

14.3 Discontinuation of the Services

If we decide to materially discontinue or shut down the Services (in whole or with respect to a feature you depend on), we will use commercially reasonable efforts to provide at least 30 days' advance notice by email and through the Services, and will provide you a reasonable mechanism to export your User Content during that period (see Section 6.6). For pre-paid subscription periods that extend beyond the discontinuation date, we will provide a pro-rated refund where required by applicable law.

14.4 Effects of Termination

Upon termination: (a) your right to use the Services ends immediately; (b) you may request export or deletion of your User Content as described in Section 6.6 and our Privacy Policy; (c) Sections 2.4, 6.3, 6.4, 6.5, 6.7, 7, 10, 11, 12, 15–18, and 21 survive termination; and (d) the AI providers' retention of any content already transmitted to them is governed by their respective policies and is outside Thetawave's control (see Section 6.2).

15. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL AI-GENERATED OUTPUTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. We do not warrant that the Services will be uninterrupted, error-free, secure, or that AI outputs will be accurate or reliable. Some jurisdictions do not allow the disclaimer of certain warranties, in which case the foregoing disclaimers apply to the maximum extent permitted by law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THETAWAVE, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THETAWAVE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THETAWAVE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) US$100.

The limitations in this section apply to all claims, whether in contract, tort, statute, or otherwise. Some jurisdictions do not allow the limitation of incidental or consequential damages, in which case these limitations apply to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited by applicable law (e.g., for fraud, gross negligence, death or personal injury caused by negligence, or as required under EU/UK consumer-protection law and Japan's Consumer Contract Act).

17. Indemnification

You agree to indemnify, defend, and hold harmless Thetawave, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your User Content; (b) your use of the Services; (c) your violation of these Terms or applicable law; or (d) your violation of any third party's rights.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

18.2 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by emailing contact@thetawave.ai with a description of the dispute. We will try to resolve the matter within 60 days. This 60-day informal-resolution period operates in parallel with — not as a substitute for — the 30-day arbitration opt-out window in Section 18.5, and the running of that opt-out window is not extended by engaging in informal resolution.

18.3 Binding Arbitration (U.S. Users)

If you reside in the United States, any dispute that is not resolved informally within 60 days will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be held in Wilmington, Delaware, or — if you prefer — in your county of residence or via remote/telephonic proceedings. Judgment on the award may be entered in any court of competent jurisdiction.

Either party may bring a qualifying claim in small-claims court instead of arbitration, so long as the claim remains in small-claims court.

18.4 Class-Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

18.5 30-Day Right to Opt Out of Arbitration

You may opt out of Sections 18.3 and 18.4 by sending written notice to contact@thetawave.ai within 30 days of first accepting these Terms. The notice must include your name, account email, and a statement that you wish to opt out of arbitration. Opting out does not affect any other portion of these Terms.

For users who first accepted a prior version of these Terms, a new 30-day opt-out window begins on the effective date of any material change to this Section 18. A change is "material" if it materially alters the procedures of, or substantive rights under, this arbitration provision.

18.6 Non-U.S. Users — Court Jurisdiction

If you reside outside the United States, Sections 18.3–18.5 do not apply to you. You and Thetawave agree that disputes will be resolved in the state or federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction there — except that, where mandatory local consumer-protection law gives you the right to bring proceedings in your country of residence (e.g., under EU consumer-protection rules), that right is preserved.

19. International Users — Local Notices

The Services are operated from the United States. By using the Services, you consent to the transfer and processing of your information in the United States and other countries where we or our service providers operate. Local consumer-protection rights under your jurisdiction's law are preserved where they cannot be waived. Specific notices for users in the European Economic Area, United Kingdom, Switzerland, Japan, South Korea, Hong Kong, Taiwan, and Canada are described in our Privacy Policy.

20. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (to the address associated with your account) or through the Services at least 14 days before the changes take effect (or such longer period as required by applicable law). The "Last updated" date at the top of these Terms reflects the most recent version. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. Material changes to Section 18 (Governing Law and Dispute Resolution) trigger a fresh 30-day opt-out window — see Section 18.5.

21. Miscellaneous

  • Entire agreement. These Terms (with the Privacy Policy and any policies referenced herein) are the entire agreement between you and Thetawave regarding the Services.
  • Severability. If any provision is found unenforceable, the remainder remains in full force; if any waiver of statutory rights is unenforceable in your jurisdiction, only that waiver is unenforceable and the rest of the provision remains in effect.
  • No waiver. Our failure to enforce any provision is not a waiver of that or any other provision.
  • Assignment. You may not assign these Terms without our consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, financing, or sale of assets.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Notices. We may give notice via email, in-app messaging, or by posting on the Services. You may give notice to us at contact@thetawave.ai.
  • Headings. Section headings are for convenience only and do not affect interpretation.
  • Language. These Terms are written in English. Translations are provided for convenience; in the event of a conflict, the English version controls.

22. Contact Us

Questions about these Terms? Contact us at:

Thetawave AI, Inc. Email: contact@thetawave.ai Website: https://thetawave.ai

By using Thetawave AI, you acknowledge that you have read and understood these Terms and agree to be bound by them.

Terms of Service | ThetaWave