Terms of Use

Please read these Terms of Use ("Terms", "Terms of Use", "Agreement") carefully before downloading, installing, or using the WaveFix mobile application ("App", "Application", "Service") operated by WaveFix ("Company", "we", "us", or "our").

By downloading, installing, accessing, or using WaveFix, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the Application and delete it from your device.

1. License Grant

1.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use WaveFix on a compatible Apple device that you own or control, solely for your personal, non-commercial purposes, in accordance with these Terms and Apple's App Store Terms of Service.

1.2 License Restrictions

You shall not:

• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Application or any part thereof.
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use the Application for any unlawful, harmful, or unauthorized purpose.
• Use the Application to intentionally damage any device, property, or person.
• Use automated systems or software to extract data from the Application.
• Circumvent, disable, or otherwise interfere with any security or technical features of the Application.
• Redistribute the Application or make it available over any network where it could be used by multiple devices at the same time.

1.3 Apple's Terms

Your use of the Application is also subject to the terms and conditions established by Apple Inc. ("Apple"), including but not limited to the Apple Media Services Terms and Conditions. In the event of any conflict between these Terms and Apple's terms, Apple's terms shall prevail with respect to your use of the Application to the extent of such conflict.

2. Description of Service

2.1 Application Purpose

WaveFix is a utility application for iPhone that provides the following features:

• Speaker Cleaning: Generates calibrated audio frequencies designed to help eject water, dust, and debris from device speakers through acoustic vibration.
• Tone Generator: Produces audio signals across a range of frequencies (20 Hz – 25,000 Hz) with selectable waveforms for testing and calibration purposes.
• Sound Level Meter: Provides approximate ambient sound level readings using the device microphone, processed locally on device.
• Stereo Channel Test: Tests left and right speaker output for balance verification and diagnostic purposes.

2.2 System Requirements

The Application requires an iPhone running iOS 16.0 or later. Features and performance may vary depending on your device model and iOS version.

3. Important Disclaimers and Warnings

3.1 Hearing Safety

You must observe the following safety precautions at all times:

• Never hold the device close to your ears during cleaning sessions or while using the tone generator at high volumes.
• Do not use headphones or earbuds during speaker cleaning sessions.
• Keep the device away from children and pets during cleaning sessions, as the generated sounds may cause discomfort or harm.
• Reduce device volume before placing the phone near your ear after completing a cleaning session.
• Do not use the Application in quiet environments where loud sounds may disturb others.
• If you experience any discomfort, ringing in the ears, pain, or hearing difficulty, stop using the Application immediately and consult a medical professional.

By using WaveFix, you acknowledge and accept the risks associated with exposure to loud audio signals and agree that the Company shall not be liable for any hearing damage or related health effects arising from the use of the Application.

3.2 Device Safety

• WaveFix is a utility tool, not a repair service. The Application cannot diagnose or fix hardware defects, physical damage, or internal component failures.
• Results of the cleaning feature may vary depending on your device model, speaker condition, type and severity of contamination, and environmental factors.
• The Application is not a substitute for professional device inspection, repair, or servicing by Apple or authorized service providers.
• The cleaning function uses the device's built-in speakers at elevated volume levels. While this is within the normal operating parameters of the device, the Company makes no guarantee that the use of the Application will not affect speaker longevity or performance over time.
• If your device has suffered significant water damage, you should power it off immediately and seek professional assistance rather than relying solely on software-based solutions.

3.3 Measurement Accuracy

The Sound Level Meter feature provides approximate readings based on your device's built-in microphone. These readings:

• Are not calibrated to any recognized measurement standard.
• Should not be relied upon for occupational health and safety compliance, legal proceedings, or any purpose requiring certified sound measurement.
• May vary between device models due to microphone hardware differences.
• Do not constitute professional sound level measurement and should be used for general informational purposes only.

4. Subscriptions and Payments

4.1 Subscription Plans

WaveFix offers auto-renewable subscription plans that unlock the full functionality of the Application. Current subscription options, pricing, and free trial availability are displayed within the Application at the time of purchase. Pricing may vary by region and is subject to change.

4.2 Billing

• All subscriptions are processed and billed through your Apple ID account via the Apple App Store.
• Payment is charged to your Apple ID account at confirmation of purchase, or upon expiration of any free trial period.
• The Company does not process, access, or store any payment or billing information.

4.3 Auto-Renewal

• Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period.
• The renewal price will be the same as the original subscription price unless we provide advance notice of a price change.

4.4 Free Trial

• Some subscription plans may include a free trial period. If offered, the duration will be specified at the time of subscription.
• If you cancel before the free trial period expires, you will not be charged.
• Any unused portion of a free trial period is forfeited upon purchase of a subscription.
• Free trial eligibility is determined by Apple and is typically limited to one trial per Apple ID.

4.5 Cancellation and Refunds

• You may cancel your subscription at any time by going to iPhone Settings > [Your Name] > Subscriptions > WaveFix.
• Cancellation takes effect at the end of the current billing period. You will retain access to premium features until that date.
• Refund requests must be directed to Apple at reportaproblem.apple.com, as the Company does not process payments or refunds directly.

4.6 Price Changes

We reserve the right to change subscription prices at any time. If we change the price of a subscription, we will notify you in advance through the Application or the App Store, and the new price will not apply until the next renewal period after proper notice has been given. You will have the opportunity to cancel before the new price takes effect.

5. Intellectual Property

5.1 Ownership

All intellectual property rights in and to WaveFix, including but not limited to the Application's source code, object code, design, user interface, graphics, animations, audio algorithms, DSP processing logic, cleaning phase patterns, icons, logos, trademarks, trade names, and all related documentation, are and shall remain the exclusive property of WaveFix and are protected by applicable copyright, trademark, patent, and other intellectual property laws.

5.2 Trademarks

"WaveFix", the WaveFix logo, and all related names, logos, product and service names, designs, and slogans are trademarks of WaveFix. You may not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans appearing in the Application are the trademarks of their respective owners.

5.3 Feedback

If you provide any feedback, suggestions, or ideas regarding the Application ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate, without obligation or compensation to you.

6. Limitation of Liability

6.1 Disclaimer of Warranties

THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Without limiting the foregoing, we do not warrant that:

• The Application will function uninterrupted, error-free, or free of harmful components.
• The cleaning feature will effectively remove water, dust, or debris from your device's speakers in any or all circumstances.
• The tone generator will produce frequencies with professional-grade accuracy.
• The sound level meter will provide calibrated or certified measurements.
• The Application will be compatible with all devices or iOS versions.
• Any defects or errors in the Application will be corrected.

6.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SANLABS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, or goodwill.
• Service interruption, computer damage, or system failure.
• Damage to hearing or any other personal injury.
• Damage to your device, speakers, or any hardware.
• Cost of substitute goods or services.
• Any damages arising from or related to your use of or inability to use the Application.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

6.3 Cap on Liability

In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law. In any case, our total aggregate liability to you for all claims arising from or related to the use of the Application shall not exceed the amount you actually paid to us through the Application in the twelve (12) months immediately preceding the event giving rise to the claim.

7. Indemnification

You agree to defend, indemnify, and hold harmless WaveFix, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Application.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Any damage to your device or hearing resulting from use of the Application.
• Any claim that your use of the Application caused damage to a third party.

8. User Responsibilities

By using WaveFix, you agree to:

• Use the Application only for its intended purposes as described herein.
• Follow all safety warnings and precautions, especially regarding hearing protection and device handling.
• Ensure that your device meets the minimum system requirements (iOS 16.0+).
• Not use the Application in any way that could cause harm to yourself, others, or any device.
• Comply with all applicable laws and regulations in your jurisdiction.
• Keep your device's software updated for optimal performance and security.
• Disconnect Bluetooth audio devices and wired headphones before initiating cleaning sessions.

9. Termination

9.1 Your Right to Terminate

You may terminate this Agreement at any time by deleting the Application from your device and cancelling any active subscriptions through your Apple ID settings.

9.2 Our Right to Terminate

We may terminate or suspend your access to the Application immediately, without prior notice or liability, if you breach any provision of these Terms. Upon termination, your right to use the Application will immediately cease.

9.3 Effect of Termination

Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination shall survive the termination of this Agreement.

10. Modifications to the Application

We reserve the right to modify, update, suspend, or discontinue the Application (or any part or feature thereof) at any time, with or without notice, and without obligation or liability to you. We may also impose limits on certain features or restrict access to parts or all of the Application without notice or liability.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. When changes are made, we will update the "Last updated" date at the top of these Terms. Material changes may be communicated through the Application, via the App Store update notes, or on our website.

Your continued use of WaveFix after the posting of revised Terms constitutes your acceptance of and agreement to the changes. If you do not agree to the new Terms, you must stop using the Application and delete it from your device.

12. Dispute Resolution

12.1 Informal Resolution

Before filing any formal legal claim, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally within 30 days of receiving your notice.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction where WaveFix is established, without regard to its conflict of law provisions. You agree that any legal action or proceeding relating to these Terms or the Application shall be brought exclusively in the courts of the applicable jurisdiction.

12.3 Waiver of Class Action

TO THE EXTENT PERMITTED BY LAW, YOU AND SANLABS 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

13. Apple-Specific Terms

The following additional terms apply with respect to Apple Inc.:

• These Terms are between you and WaveFix only, and not Apple. WaveFix, not Apple, is solely responsible for the Application and its content.
• Apple has no obligation to provide any maintenance or support services with respect to the Application.
• In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Application.
• Apple is not responsible for addressing any claims relating to the Application, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Application infringes a third party's intellectual property rights, WaveFix, not Apple, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, 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 thereof.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and WaveFix concerning the Application and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and WaveFix.

16. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or of any other term or condition. Our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

18. Force Majeure

WaveFix shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or telecommunications failures, or any other force majeure event.

19. Contact Information

For any questions, concerns, or notices regarding these Terms, please contact us at:

Email: [email protected]

Website: https://wavefix.app