Waveform Cloud Terms of Use

Last modified June 3, 2019 Effective Date: June 5, 2019

1. Introduction

Thanks for using Waveform Cloud by Parrot operated by Searing Media Inc, a company incorporated and operating under the laws of Canada and located in Regina, Saskatchewan. These Waveform Cloud Terms of Service (which we refer to as the “Terms”) cover your use of and access to Waveform Cloud and your content in Waveform Cloud. Our Privacy Policy explains how we collect and use your information.

Your use of Waveform Cloud requires that you agree to the Terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use Waveform Cloud. Please email us at feedback@waveform.cloud if you need help understanding any of the terms.

2. Your use of Waveform Cloud

Age Restrictions. In order to use Waveform Cloud you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use Waveform Cloud and to accept the Terms.

Your Parrot App. You will need Parrot Voice Recorder on Android in order to use Waveform Cloud. To protect your Waveform Cloud account, keep your password confidential. You are responsible for the activity that happens on or through your Waveform Cloud Account. Try not to reuse your Waveform Cloud password on third-party applications. If you learn of any unauthorized use of your password or account, please email us at feedback@waveform.cloud.

Your Conduct. Don’t misuse Waveform Cloud. You may use Waveform Cloud only as permitted by law, including applicable export and re-export control laws and regulations. You are responsible for your conduct and your content stored in Waveform Cloud, and you must comply with our Terms. We may review your conduct and content in Waveform Cloud for compliance with the Terms.

Parrot is available on Android devices. Do not use Parrot in a way that distracts you and prevents you from obeying traffic or safety laws.

Your Content. Waveform Cloud allows you to upload, submit, store, send and receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through Waveform Cloud, you give Searing Media Inc a worldwide license to host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services) and communicate such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services unless you delete your content. Make sure you have the necessary rights to grant us this license for any content that you submit to Waveform Cloud.

Announcements. In connection with your use of Waveform Cloud, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our Waveform Cloud services. Using Waveform Cloud does not give you ownership of any intellectual property rights in Waveform Cloud or the content you access. You may not use content from Waveform Cloud unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in Waveform Cloud. Don’t remove, obscure, or alter any legal notices displayed in or along with Waveform Cloud.

3. Privacy Protection

Searing Media Inc.’s Privacy Policy explains how we treat your personal data and protect your privacy when you use Waveform Cloud. By using Waveform Cloud, you agree that Searing Media Inc can use such data in accordance with our privacy policies.

4. Copyright Protection

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can email us at feedback@waveform.cloud

5. Program Policies

We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

6. About Software in our Services

Client Software. Parrot Voice Recorder for Android is the exclusive downloadable client software (“Software”) which has access to Waveform Cloud. This Software may update automatically on your device once a new version or feature is available. You may not copy, modify, distribute, sell, or lease any part of Waveform Cloud or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software. Open source software is important to us. Some software used in Waveform Cloud may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.

7. Modifying and Terminating Waveform Cloud

Changes to Waveform Cloud. We are constantly changing and improving Waveform Cloud. We may make performance or security improvements, change functionalities or features, or make changes to comply with law or to prevent illegal activities on, or abuse of, our systems. We will provide notice of material changes to Waveform Cloud that we reasonably believe will adversely impact your use of Waveform Cloud. However, there are times when we will need to make changes to Waveform Cloud without giving notice. These will be limited to instances where we need to take action to ensure the security and operability of the service, prevent abuse or where we must act to meet legal requirements.

Suspension and Termination. You can stop using Waveform Cloud at any time, although we’ll be sorry to see you go. We may suspend or permanently disable your access to Waveform Cloud if you materially or repeatedly violate our Terms. We may give you prior notice of us suspending or disabling your access to Waveform Cloud. However, we may suspend or disable your access to Waveform Cloud without notice if you are using Waveform Cloud in a manner that could cause us legal liability or disrupt other users’ ability to access and use Waveform Cloud. The files you have uploaded to Waveform Cloud will be marked for deletion 14 days after your account is suspended or terminated. After your tracks have been marked for deletion, we may wipe them from our system at any time.

Discontinuation of Waveform Cloud. If we decide to discontinue Waveform Cloud, we will give you at least 30 days’ prior notice. During this notice period, you will have the opportunity to take your files out of Waveform Cloud. After the end of this 30 day period you will not be able to access your files. We believe that you own your files and preserving your access to such files is important. For instructions on how to download your files, please visit our support page.

8. Payments

Cancellation. Your plan will remain in effect until it's cancelled, downgraded or terminated under these Terms. You may cancel or downgrade your Paid Storage Plan at any time from within your Google Play Store application under the "Subscriptions" tab. Your cancellation or downgrade will apply to the next billing period after the current service term expires. If you don't pay for your Paid Storage Plan on time, we reserve the right to downgrade your account and mark your files for deletion.

Plan and Price Changes. We may change the storage plan and price in effect but will get your explicit approval prior to changing your payment. If you do not approve the change in payment, your account will be suspended.

9. Our Warranties and Disclaimers

We provide Waveform Cloud using a reasonable level of skill and care and we hope that you will enjoy using Waveform Cloud. But there are certain things that we don’t promise about Waveform Cloud. Other than as expressly stated, we don’t make any commitments about the specific functionality available through Waveform Cloud, its reliability, availability, or ability to meet your needs.

10. Liability for Waveform Cloud

Searing Media Inc and its suppliers and distributors are not responsible or liable for:

(a) losses that were not caused by our breach of these Terms;

(b) any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of Searing Media Inc breaching the Terms; or

(c) losses relating to any business of yours including lost profits, revenues, opportunity or data.

The total liability of Searing Media Inc, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if the subject of the claim is the free service, to supplying you the services again).

Nothing in these terms is intended to exclude or limit the liability of Searing Media Inc and its suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

11. Laws Governing the Terms.

The laws of Saskatchewan, Canada will apply to any disputes arising out of or relating to these Terms or Waveform Cloud. All claims arising out of or relating to these Terms or Waveform Cloud will be litigated exclusively in the federal or provincial courts of Regina, Saskatchewan, Canada, and you and Searing Media Inc consent to personal jurisdiction in those courts.

12. App Usage

We may modify these Terms or any additional terms that apply to Waveform Cloud, for example: to reflect changes to Waveform Cloud or to the law, custom, or political or economic policy; or in response to guidelines issued by regulators or relevant industry bodies; or to enable Searing Media Inc to meet its obligations. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms (“Additional Terms”) in Waveform Cloud and will provide prior notice of material changes to the Terms to you. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted or notified to you. However, changes addressing new functions or features (“New Services”) or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a New Service, you should discontinue your use of that New Service (see “Termination” above, for more information).

If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that conflict.

These Terms control the relationship between Searing Media Inc and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

For information about how to contact Searing Media Inc, please contact us at feedback@waveform.cloud.

13. About these Terms

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to .

We are committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the app won’t work properly or at all.

You should be aware that there are certain things that will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. Your internet connection can be WiFi, or provided by your mobile network provider, but we cannot take responsibility for the app not working at full functionality if you don’t have access to WiFi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with WiFi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, we cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged while the app is in use.

We accept no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android and BlackBerry 10 – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that it will always update the app so that it is relevant to you and/or works with the operating system version that you have installed on your device. However, you should accept updates to the application when offered to you. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination the rights and licenses granted to you in these terms will end.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We may notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at feedback@waveform.cloud.