Terms of Service
Last Updated: March 24, 2023.
Wavelength is a secure messaging service that uses end-to-end encryption. This encryption prevents us, and other third parties, from accessing your messages and attachments to safeguard the privacy of your conversations. This does not apply to your messages that mention an AI bot, which are shared with Wavelength and our Large Language Model (“LLM”) provider to facilitate a response from the bot. If a message will be shared, a clear notice will appear at the top of the message composer.
These Terms of Service (“Terms”) are a contract between you and Telepath Inc. They govern your use of Telepath’s Wavelength products, mobile apps, sites, services, and content (“Services”).
By using Wavelength, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use Wavelength.
We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. By using Wavelength on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the Services will be subject to the new Terms.
To access our Services, you must register for a Wavelength account by providing a display name, phone number, and profile image.
Content Rights & Responsibilities
You own the rights to the content you create and send using Wavelength. You must have the necessary rights to such information that you submit for your Wavelength account or send through our Services and the right to grant the rights and licenses in our Terms. You’re responsible for the content you send or post. This means you assume all risks related to it.
To operate and provide our Services, you grant Wavelength a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through Wavelength’s Service. You grant this right for the limited purpose of operating and providing our Services (such as to allow us to display a profile picture, transmit a message, and store your encrypted undelivered messages on our servers as we try to deliver them).
You can delete any of your content, or your account, at any time. To protect information from accidental or malicious destruction, we may not be able to immediately delete residual copies of your data.
Address Book. You can use the contact sync feature and provide us, if permitted by applicable laws, with the phone numbers in your mobile address book on an ongoing basis, including those of both the users of our Services and your other contacts. Your contact phone numbers are stored on our server in a cryptographically hashed form without any identifying information such as the name of the contact, and we will never use them for any purpose other than to help you find your friends on Wavelength. If you turn off this setting, your anonymized hashed contact data will be deleted from our servers.
Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Our Content and Services
We reserve all rights in Wavelength’s look and feel. Some parts of Wavelength are licensed under third-party open source licenses. We may also make some of our own code available under open source licenses. As for other parts of Wavelength, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from Wavelength unless otherwise permitted by law.
You may not do, or try to do, the following: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g. mobile apps) that we provide; (3) forge any HTTP request or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user, host, or network, including sending malware, overloading, flooding, spamming, message-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
You may not use our Services in any way, including uploading, posting, sharing, or linking to any information, that is, abusive, unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined in Wavelength’s sole discretion.
Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice. You agree that Wavelength shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
NO ACCESS TO EMERGENCY SERVICES: There are important differences between our Services and your mobile phone and a fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. To use our Services, you consent to download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
Wavelength is only for people 13 years old and over. By using Wavelength, you affirm that you are over 13. If we learn someone under 13 is using Wavelength, we’ll terminate their account.
By registering, you agree that you are solely responsible for all activities that occur through your Wavelength account. It is your responsibility to ensure that your device and account remain secure. You must immediately notify us if you suspect that someone else has accessed your account without your permission, by emailing: firstname.lastname@example.org
If you find a security vulnerability in our software or systems, please email: email@example.com
Incorporated Rules and Policies
To enable a functioning community, we have rules that are available within the product and may change over time. Under our Copyright and DMCA Policy, we’ll remove material after receiving a valid takedown notice. We may disable or suspend your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. Disabling or suspending your account will be in accordance with the "Termination" section below. Under our Trademark Policy, we’ll investigate any use of another’s trademark and respond appropriately.
By using Wavelength, you agree to follow these Rules and Policies. If you don’t, we may remove content or terminate your account.
You may terminate your relationship with Wavelength at any time for any reason by deleting your account.
We may modify, suspend, or terminate your access to or use of the Services at anytime for any reason. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time.
Disclaimers of Warranty
THE SERVICES, WHETHER PROVIDED BY WAVELENGTH, ITS LICENSORS, ITS VENDORS OR ITS USERS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, WAVELENGTH DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WAVELENGTH DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND WAVELENGTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT AND UNDER NO THEORY OF LIABILITY SHALL WAVELENGTH OR ITS AFFILIATES, LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE SERVICES, OR ANY LINK PROVIDED ON THE SERVICES, WHETHER OR NOT WAVELENGTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICES TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100. WAVELENGTH WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Exclusions & Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in the above. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations above specifically do apply to you.
No waiver. If Wavelength doesn’t exercise a particular right under these Terms, that doesn’t waive it.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
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 Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Choice of law and jurisdiction. These Terms are governed by California law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in San Francisco, California.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Wavelength and you concerning the Services.
For user support and general questions:
For legal inquiries and notices: