Terms & Conditions

WaveClear Terms of Use (EULA)

WaveClear End User License Agreement

Last updated: May 15, 2024

WaveClear LTD (“WaveClear”, ”Us”, ”We”) is a collection of digital products including a PC app, a website, and others (collectively referred to as “Products”).

The Products are licensed to You (“End-User”,”the User”,”You”) by WaveClear, an Israeli incorporated company for personal and non-commercial use only under the terms of this End User License Agreement (“EULA”).

By downloading the WaveClear App from the respective software distribution platform Overwolf (“Overwolf”) and any update thereto (under this EULA Agreement), and/or by using the WaveClear Website, and/or using other WaveClear Products, You agree to be bound by the terms and conditions of this EULA, and that You acknowledge and accept this EULA. If You do not agree to these terms, do not use the Products.
The Overwolf marketplace/appstore is referred to herein as "Services."

WaveClear Products were created under Riot Games' "Legal Jibber Jabber" policy using assets owned by Riot Games. Riot Games does not endorse or sponsor this project.

The parties to this EULA acknowledge that the Services are not a Party to EULA, and may not be bound by any provisions or obligations by WaveClear, such as warranty, liability, maintenance, and support thereof. WaveClear, not the Services, remains solely responsible for the Products and their content.

This EULA allows for usage in accordance with the latest Terms & Conditions of the Services ("Usage Rules"). WaveClear acknowledges it had the opportunity to review Usage Rules and this EULA does not conflict with them.

WaveClear Products are made available to You only under the terms of this EULA. WaveClear reserves any and all rights not expressly granted to You.

TABLE OF CONTENTS

THE PRODUCTS
PRIVACY POLICY
SCOPE OF LICENSE
TECHNICAL REQUIREMENTS
DISCLAIMER
MAINTENANCE AND SUPPORT
ACCOUNTS
USE OF DATA
USER-GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SUBSCRIPTIONS
LIABILITY
PRODUCT CLAIMS
LEGAL COMPLIANCE
CONTACT INFORMATION
WAVECLEAR COMMUNICATIONS
MESSAGES
TERMINATION
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
INTELLECTUAL PROPERTY RIGHTS
APPLICABLE LAW
MISCELLANEOUS

THE APPLICATION

WaveClear PC application (“App”) is a 3rd party app that can be downloaded from the Overwolf Appstore ("Overwolf”), and the WaveClear website (“Website”) is an online website that can be accessed at the following URL - https://www.WaveClear.gg, both designed to provide content and enhance the experience of League of Legends (“LoL”) PC gamers, in compliance with Overwolf and Riot (LoL’s publisher) regulations.
The Products can be accessed via various devices such as a PC for the App or a mobile phone accessing the Website (“Devices”).

You may not use the Licensed Application in a way that would:

Violate the law
Violate any Riot, Overwolf, and LoL’s regulations
Gain an unfair advantage while playing

PRIVACY POLICY
1. WaveClear’s Privacy Policy is an inherent part of the EULA agreement and is to be read. Using the Products means You acknowledge and agree to the Privacy Policy terms as well.
2. Please refer to the Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that Your use of the Products is subject to our Privacy Policy.
SCOPE OF LICENSE
1. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use WaveClear Products on any Devices that You (End-User) personally own or control, as the app is meant for personal use only, and as permitted by the Usage Rules.
2. You agree to install and/or use the Products on the Devices they are designed to be used with (i.e. PC for the App)
3. This license will also govern any updates of the Products that replace, repair, and/or supplement the Products unless a separate license is provided for such update, in which case the terms of that new license will govern.
4. You may not share or make the Products available to third parties (unless with WaveClear's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Products.
5. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt or attempt to derive the source code of the Products, or any part thereof (except with WaveClear's prior written consent).
6. You may not copy or alter the Products or parts of them. You may create and store copies only on devices that You personally own or control, as backup, under this EULA, Usage Rules, and any other terms and conditions applicable to the Devices or software used by You. You may not remove any intellectual property or other notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If You sell Your Device/s to a third party, You must remove the Products from the Device/s before doing so.
7. Violations of the obligations mentioned herein, as well as attempting such infringement, may be subject to prosecution and damages.
8. WaveClear reserves the right to modify the terms and conditions of this EULA.
9. Nothing in this EULA should be interpreted to restrict third-party terms. When using the Products, You must ensure that You comply with any applicable third-party terms and conditions.
TECHNICAL REQUIREMENTS
1. WaveClear attempts to keep the Products updated to comply with modified/new versions of the firmware and hardware, but does not guarantee such updates.
2. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Products satisfies the technical specifications needed to properly run and use the Products
3. WaveClear reserves the right to modify the technical specifications as it sees appropriate at any time.
DISCLAIMER
1. Disclaimers and limitations on liability:
  the Products are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We make no warranty that the Products will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Products. You acknowledge that WaveClear has no control over, and no duty to take any action regarding what effects the Products may have on You; how You may interpret or use the Products; or what actions You may take as a result of having been exposed to the Products.
2. WaveClear is not responsible or liable for any damage, loss, or injury resulting from, relating to, or arising out of (1) use, access, or attempted use or access of the Products; (2) downloading any information during the course of the use of the Products; and/or (3) violation of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
3. Some states do not allow the disclaimer of implied warranties, as such the foregoing disclaimer may not apply to You in its entirety.
4. WaveClear makes its best efforts to provide the Products free of spyware, trojan horses, viruses, or any other malware at the time of Your download. However, You and WaveClear acknowledge that despite the best efforts no party can guarantee 100% security.
5. No warranty is provided for the Products that are not executable on the Devices, that have been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used within appropriate accessories, regardless of if by You or by third parties, or if there are any other reasons outside of WaveClear's sphere of influence that affect the executability of the Products.
6. You are required to inspect the Products immediately after installation or in first use and notify WaveClear about any issues discovered without delay by email. The defect report will be taken into consideration and further investigated if it has been reported within a period of 2 days after discovery via email or other means inside the Products.
MAINTENANCE AND SUPPORT
1. WaveClear is solely responsible for providing any maintenance and support for the Products. You can reach WaveClear at the email Support@WaveClear.gg and/or directly through the used product.
2. WaveClear and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support concerning the Products.
ACCOUNTS
1. Some Products may require the creation of an account (“Account”) to hold Your information, performance results, and any other relevant data to Your use of the Product. The account is created through the Product and collects data in accordance with the Privacy Policy.
2. It’s important that You provide us with accurate, complete, and up-to-date information for Your Account and You agree to update such information, as needed, to keep it accurate, complete, and up-to-date. If You don’t, some features or products may become unavailable, and we may suspend or terminate Your Account.
3. You agree that You won’t disclose Your Account details and password to anyone and You’ll notify WaveClear immediately of any unauthorized use of Your Account. You’re responsible for all activities that occur under Your account, whether or not You know about them.
4. You agree that a WaveClear Account created by You in any of our Products will be shared with other WaveClear Products for easier use, automated login, data transfer, experience personalization, and other purposes for Your and WaveClear operation benefit.
5. The Account will NOT be shared with 3rd parties without Your prior consent. However, some of the data in Your account may be de-identified and used for different purposes of WaveClear and collaborative 3rd parties.
USE OF DATA
1. You acknowledge that WaveClear will be able to access and adjust Your downloaded and used Products’ content and Your personal information, in accordance with our Privacy Policy, and that WaveClear’s use of such material and information is subject to Your legal agreements with WaveClear’s privacy policy.
2. As part of Your use of certain features of the Products, We may create, store, and use certain recordings of Your gameplay and camera footage. By opting into and utilizing such features of a Product, You consent to the recording of any and all data collected from Your device in connection with the recording and Your use of such features, including without limitation Your username and other personal indicia that may be present in such recording. In addition to the Contribution License grant (as set in section 10), You further grant WaveClear and its sub-licensees a non-exclusive, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, store, display, reproduce, save, modify, adapt, publish, translate, create derivative works from, publicly perform, and distribute, in whole and in part, the recorded data, in any form, format (digitally or otherwise), media, or media channels now known or later created, for the purposes of, including but not limited to, operating, developing, providing, using, promoting, and marketing the Products (including without limitation the creation of additional features of Products).

If You do not engage with such features, the Products will not record such data.

USER-GENERATED CONTRIBUTIONS

the Products do not offer users the option to post content but may provide the option to submit content (“Contribution”) to WaveClear for any purpose WaveClear deems fit under the following terms:

You confirm that the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your user-generated-content related to the Products does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by WaveClear and this EULA.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, toxic, slanderous, or otherwise objectionable (as determined by Us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or otherwise compromising the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, ethnicity, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this EULA, or any applicable law or regulation.

Any use of the Products in violation of the foregoing violates this EULA and may result in, among other things, termination or suspension of Your rights to use the Products.

CONTRIBUTION LICENSE

You agree that WaveClear may access, store, process, and use any Contribution, information, and personal data that You provide, following the terms of the Privacy Policy and Your choices (including settings).

By submitting Contributions, suggestions, or other feedback regarding the Products, or by providing the Usage Data, You agree and confirm that WaveClear may use and share those for any purpose without further need of approval, without compensating You, and without publicly acknowledging Your Contribution (credit).

WaveClear does not assert any ownership over Your Contributions. You retain full ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions. WaveClear is in no manner liable for any statements or representations in Your Contributions provided by You in any area regarding the Products or WaveClear. You are solely responsible for Your Contributions to the Products and You expressly agree to exonerate WaveClear or anyone on its behalf from any and all responsibility and to refrain from any legal action against WaveClear or anyone on its behalf regarding Your Contributions.

SUBSCRIPTIONS
1. Payments and Billing:
  Some Products, or specific capabilities and features, may require paid subscriptions (“Subscription”) and the acceptance of supplemental terms to access. When You provide payment information for a Subscription, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will notify Us of changes to the payment information. We reserve the right to utilize third-party payment card updating services to obtain current expiration dates on credit cards and debit cards. If You pay a periodic Subscription fee for a Service, We will provide You with reasonable notice of changes to the fees or billing methods in advance of their effective date and You will be able to cancel Your Subscription prior to such change.
2. Auto-Renewals:
  By signing up for a subscription, You agree that Your Subscription will be automatically renewed and, unless You cancel Your Subscription, You authorize us to charge Your payment method for the renewal term. You agree that we can change the terms of the Subscription with advance notice to You and an opportunity for You to cancel. The period of auto-renewal will be the same as Your initial Subscription period unless otherwise disclosed to You. The renewal rate will be no more than the rate for the immediately prior Subscription period, excluding any promotional and discount pricing, unless We notify You of a rate change prior to Your auto-renewal, in which case You will have the right to cancel the renewal of Your Subscription.
3. Free Trials:
  From time to time, WaveClear may offer a free trial Subscription for a Product or a specific capability for a period of time under additional certain terms to access. If You register for a free trial Subscription, We may begin to bill Your account when the free trial Subscription expires, unless You cancel Your subscription before that time. Free Trials cannot be activated or redeemed while You have an active Subscription. You may be limited to a single Free Trial use.
  WaveClear reserves the right to terminate a Free Trial, a public activity rewarding users with Free Trials, free use of any paid/premium features, or reward Subscriptions at any time. WaveClear reserves the right to set and change the terms of the Free Trials at any time.
4. Cancellation:
  Unless otherwise disclosed when You subscribe, You have the right to cancel Your Subscription. When a Subscription is canceled, You will not receive a prorated refund, but You will continue to have access to the applicable capabilities until the end of the term during which You canceled the subscription. If You cancel Your subscription, You will still be obligated to pay other charges incurred by You in the course of using the paid capabilities prior to the date of cancellation.
LIABILITY
1. WaveClear’s responsibility in the case of violation of obligations and tort shall always be limited to malicious acts or gross negligence. To the maximum extent permitted by law of the applicable jurisdiction, in no event will WaveClear’s total liability arising out of or in connection with these terms, additional terms, or from the use of or inability to use the Products exceed the greater of the amounts You have paid for availing of the Products forming the subject matter of the grievance and fifty US dollars ($50USD). The exclusions and limitations of damages set forth above are fundamental elements of EULA between WaveClear and You.
2. Statute of Limitations:
  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Products or the EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.
PRODUCT CLAIMS

WaveClear and the End-User acknowledge that WaveClear, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to WaveClear, the Products, or the End-User’s possession and/or use of the Products, including, but not limited to:

Product liability claims;
Any claim that WaveClear fails to conform to any applicable legal or regulatory requirement; and
Claims arising under consumer protection, privacy, or similar legislation.

LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to any US Government or UN embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

CONTACT INFORMATION

For general inquiries, complaints, questions, or claims concerning WaveClear, please contact Support@WaveClear.gg

WAVECLEAR COMMUNICATIONS

By agreeing to the EULA and by using our products, You agree that WaveClear may contact You from time to time by conventional means (such as an email, periodic newsletter, social media, etc.) and through the Products You downloaded and/or use, using the communication methods provided by You during the creation of a WaveClear account, registration, download process, or through other means for various purposes such as offering a promotion, new feature announcements, and relevant content.
Any notices or other communications provided by WaveClear under this EULA, including those regarding modifications to the EULA, will be given: (i) via email; or (ii) by posting to the Products or (iii) by other means You specifically provided, approved, or requested (such as desktop or phone notifications via a permission pop-up). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You may opt out of some of our communication methods and channels at any time directly on the Products, Your Account, or by sending WaveClear’s support service a message. Please note that not all communication channels (e.g. in-app messages) can be opted-out to ensure critical messages such as an update of these terms are available to You.

MESSAGES

WaveClear and the Products may offer opportunities for You to send messages or postings in connection with various features including feedback, polls and petitions, and forums to communicate with other users (“Message Features”). In order to participate in any Message Feature, You may be required to provide accurate and complete personal information consisting of Your name and e-mail address, which shall be collected pursuant to the Privacy Policy. Messages submitted to the Products or WaveClear by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like are and will be treated as, nonconfidential and nonproprietary. By submitting a message to WaveClear or a Product, You are automatically granting WaveClear a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Message, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others.

TERMINATION

The EULA is valid until terminated by WaveClear or by You. Your rights under EULA will terminate automatically and without notice from WaveClear if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Products, and destroy all copies, full or partial, of the Products.
All payments and fees are non-refundable under all circumstances, regardless of whether or not Your access to the Products has been terminated.

THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

WaveClear represents and warrants that the Products will comply with applicable third-party terms of agreement when using the Products, and so will You.

Upon Your acceptance of the terms and conditions of this EULA, the Services will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

Indemnity:
You will indemnify and hold harmless WaveClear and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your access to or use of the Products or the Services, (ii) Your usage and account data, or (iii) Your violation of these Terms.

INTELLECTUAL PROPERTY RIGHTS

WaveClear and the End-User acknowledge that, in the event of any third-party claims that WaveClear or the End-User's possession and use of the Products infringe on the third party's intellectual property rights, WaveClear, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

APPLICABLE LAW
1. This License Agreement is governed by the laws of Israel excluding its conflicts of law rules.
2. Class Action Waiver:
  You and WaveClear agree that each may bring claims against the other only in Your or its individual capacity, and not as a plaintiff or class member in any purported class or representative processing. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with Your claims, and may not otherwise preside over any form of a representative or class proceeding.
3. Any dispute under this EULA that cannot be resolved through arbitration shall be brought solely to the adequate courts in the city of Tel Aviv, Israel.
MISCELLANEOUS
1. Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
2. When You agree to these terms You are agreeing (with limited exceptions) to resolve any dispute between You and WaveClear through binding, individual, arbitration rather than in court.
3. This EULA constitutes the entire and exclusive understanding and agreement between WaveClear and You and these Terms supersede and replace any and all prior oral or written understandings or agreements between WaveClear and You.
4. WaveClear’s failure to enforce any right or provision of these EULA will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WaveClear. Except as expressly set forth in this EULA, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under this EULA or otherwise.
5. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

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