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Terms And Conditions

Effective Date: January 1, 2024

Tidal Wave Telecom, Inc.(“Tidal Wave”) provides a website(“Website”) and a mobile app(the “app”) designed to enhance your communication experience. Instead of using just your voice, you can now make phone calls by reading real-time captions. These Terms of Use are here to guide you through the rules for using the services and resources available through our App and Website.

Alongside the Terms of Use, we encourage you to review our Privacy Policy to understand how Tidal Wave manages your submitted content and information. Additionally, please consult Annex 1 for the E911 Service Disclosures, which provide details on using our Service to contact emergency services.

By downloading the App, completing the registration process, and using the Service, you confirm that:

  1. You have read, understood, and agree to be bound by the Terms of Use.
  2. You are at least 18 years old (or have reached the age of majority in your area if it is different) or, if you are younger, you have discussed this Agreement with your parent or legal guardian, and they agree to it on your behalf, taking full responsibility for your compliance.
  3. You have the authority to accept the Terms of Use personally or on behalf of the entity you registered as the user, and to bind that entity to these Terms. You agree that you (and your parent or guardian) are fully capable of entering into and adhering to this Agreement. If you are under 18, you acknowledge that you cannot void this Agreement later as a minor without losing access to your account and the Services. Your parents will be responsible for your actions and any obligations incurred while using the Services, just as if you were an adult.

The term "you" refers to the individual or legal entity identified as the user during registration on the App or Website. If you do not agree to be bound by the Terms of Use, you may not access or use the App, Website, or Services.

Please note that Section 15 of these Terms of Use includes provisions on resolving claims between you and us, including any claims that arose or were asserted before the Terms of Use became effective. Specifically, it contains an arbitration agreement that will, with limited exceptions, require disputes between us to be resolved through binding and final arbitration. Unless you opt out of the arbitration agreement:

  1. You will only be allowed to pursue claims and seek relief against us on an individual basis, not as part of a class or representative action.
  2. You waive your right to seek relief in court and to have a jury trial on your claims.

Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms"). These Supplemental Terms will either be listed in the Terms of Use or presented to you for acceptance when you sign up for the supplemental Service. If there is a conflict between the Terms of Use and the Supplemental Terms, the Supplemental Terms will take precedence for that specific Service. Together, the Terms of Use and any applicable Supplemental Terms are referred to as the "Agreement".

Please note that Tidal Wave may change the Agreement at any time at its sole discretion. When changes occur, Tidal Wave will make a new version of the Terms of Use available in the App and/or Website, and any new Supplemental Terms will be accessible within the affected Service on the App and/or Website. The "Last Updated" date at the top of the Terms of Use will also be updated. For significant changes, we may (and if required by law, will) notify you through means reasonably likely to reach you, such as email if you have an Account, or through notifications on the App or Website. Tidal Wave may require you to consent to the updated Agreement before continuing to use the App, Website, and/or Services. If you do not agree to the changes, you should stop using the App, Website, and/or Services. Continued use of the App, Website, and/or Services signifies your acceptance of the changes.

Please regularly check the App and Website to view the current Terms.

1. Use of the Services and Tidal Wave Properties

The App, Website, and Services, along with the information and content available on them (collectively, the "Tidal Wave Properties"), are protected by U.S. copyright laws. Under the Agreement, Tidal Wave grants you a limited license to reproduce portions of the Tidal Wave Properties solely for personal or internal business purposes. Unless specified in a separate license by Tidal Wave, your right to use any Tidal Wave Property is governed by the Agreement.

1.1. Description
The Service allows Registered Users to place captioned calls via the App or Website. The captions are provided through an automated speech recognition system.

1.2. Requirements for Use of the Services.
To use the Service for free, you must have a hearing loss or speech impediment that necessitates the use of a captioned telephone service, and you must not allow others without such impairments to use the Services to make calls. The transcription cost is funded by a government program, and we may disclose your telephone number to third parties to verify eligibility. Tidal Wave reserves the right to offer the Service for a fee outside the United States and to users without hearing loss or speech impediments. Users without such impairments should turn off captions during use.

1.3. App License.
Subject to compliance with the Agreement, Tidal Wave grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device you own or control for personal or internal business purposes. For Apps accessed or downloaded from the Apple App Store, you must use them on Apple-branded products running iOS as permitted by the Apple App Store Terms of Service. For Apps from the Google Play Store, you may have additional license rights for use within your family group.

1.4. Updates.
Tidal Wave Properties are evolving, and updates may be required. Tidal Wave may update the Properties with or without notifying you, and you may need to update third-party software to use the Properties.

1.5. Certain Restrictions.
Your rights under the Agreement are subject to these restrictions

  • You shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit Tidal Wave Properties.
  • You shall not use metatags or hidden text using Tidal Wave's name or trademarks.
  • You shall not modify, translate, adapt, merge, create derivative works from, disassemble, decompile, reverse compile, or reverse engineer any part of Tidal Wave Properties.
  • You shall not use software, devices, or other processes to scrape or download data from web pages in the App or Website, except for public search engines with permission to create publicly available indices.
  • You shall not remove or destroy any copyright notices or proprietary markings on Tidal Wave Properties.

Any future release, update, or addition to Tidal Wave Properties will be subject to the Agreement. Tidal Wave reserves all rights not expressly granted in the Agreement. Unauthorized use of any Tidal Wave Property terminates the licenses granted under the Agreement.

1.6 Third-Party Materials
You may have access to materials hosted by third parties as part of Tidal Wave Properties. Tidal Wave cannot monitor these materials, and you access them at your own risk.

2. Registration

2.1 Registering Your Account
To access certain features of Tidal Wave Properties, you may need to become a Registered User by creating an account on the App (your "Account").

2.2 Registration Data
When registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"). You represent that you are (a) at least thirteen (13) years old; (b) of legal age to form a binding contract or have reviewed this Agreement with your parent or legal guardian, who agrees to this Agreement on your behalf; and (c) not a person barred from using Tidal Wave Properties under applicable laws. You are responsible for all activities that occur under your Account and agree to monitor your Account to prevent use by minors, accepting full responsibility for any unauthorized use by minors. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Tidal Wave has reasonable grounds to suspect such, Tidal Wave may suspend or terminate your Account and refuse any and all current or future use of Tidal Wave Properties. You agree not to create an Account using a false identity or on behalf of someone other than yourself, and you will not have more than one Account per platform or SNS at any given time. Tidal Wave reserves the right to remove or reclaim any usernames at any time for any reason, including claims that a username violates third-party rights. You agree not to create an Account or use Tidal Wave Properties if you have been previously removed or banned by Tidal Wave.

2.3 Your Account
You acknowledge and agree that you have no ownership or property interest in your Account, and all rights to your Account are owned by and inure to the benefit of Tidal Wave. Tidal Wave reserves the right to terminate your Account if it has been inactive for more than thirty (30) days.

2.4 Necessary Equipment and Software
You must provide all equipment and software necessary to connect to Tidal Wave Properties and are solely responsible for any fees, including Internet or mobile fees, incurred when accessing Tidal Wave Properties. By providing your cellphone number and using the Services, you consent to Tidal Wave using your number for calls and texts to perform the Services. Tidal Wave will not charge for calls or texts, but standard message charges or other fees from your wireless carrier may apply. You can opt out of receiving text messages by emailing support@onetrs.net.

3. Fees

The OneTRS app and its services are provided free of charge under a software license agreement.

4. Responsibility for Content

4.1 Types of Content
You acknowledge that all data, text, software, music, sound, photographs, graphics, video, messages, tags, and other materials accessible through Tidal Wave Properties (collectively, "Content"), including Tidal Wave Properties, are the sole responsibility of the party from whom such Content originated. This means you, not Tidal Wave, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available ("Make Available") through Tidal Wave Properties ("Your Content"), and you and other Registered Users, not Tidal Wave, are responsible for all Content you and they Make Available through Tidal Wave Properties ("User Content").

4.2 No Obligation to Pre-Screen Content
You acknowledge that Tidal Wave has no obligation to pre-screen Content (including User Content), though Tidal Wave reserves the right to pre-screen, refuse, or remove any Content at its sole discretion. By entering into the Agreement, you provide your irrevocable consent to such monitoring and agree that you have no expectation of privacy concerning the transmission of Your Content, including chat, text, or voice communications. If Tidal Wave pre-screens, refuses, or removes any Content, it does so for its benefit, not yours. Tidal Wave reserves the right to remove any Content that violates the Agreement or is otherwise objectionable.

4.3 Storage
Unless expressly agreed to by Tidal Wave in writing, Tidal Wave has no obligation to store any of Your Content made available on Tidal Wave Properties. Tidal Wave is not responsible for the deletion or accuracy of any Content, the failure to store, transmit, or receive transmission of Content, or the security, privacy, storage, or transmission of communications using Tidal Wave Properties. Certain Services may allow you to specify the level at which they restrict access to Your Content. You are solely responsible for applying the appropriate level of access. If you do not choose, the system may default to the most permissive setting. Tidal Wave retains the right to create reasonable limits on the use and storage of Content, including Your Content, such as file size, storage space, processing capacity, and other limits described on the App or Website or as determined by Tidal Wave in its sole discretion.

5. Ownership

5.1 Tidal Wave Properties
Except for Your Content and User Content, Tidal Wave and its suppliers own all rights, title, and interest in Tidal Wave Properties, including any computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, moral rights, and server software. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Tidal Wave Properties.

5.2 Trademarks
Tidal Wave and all related graphics, logos, service marks, and trade names used on or in connection with Tidal Wave Properties or Services are trademarks of Tidal Wave and may not be used without permission. Other trademarks, service marks, and trade names appearing on Tidal Wave Properties are the property of their respective owners.

5.3 Other Content
Except for Your Content, you have no right, title, or interest in any Content that appears on Tidal Wave Properties.

5.4 Your Content
Tidal Wave does not claim ownership of Your Content. However, when you post or publish Your Content on Tidal Wave Properties as a Registered User, you grant Tidal Wave a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, host, display, publish, license, distribute, reproduce, modify, and adapt Your Content for operating, providing, developing, and improving Tidal Wave Properties and researching and developing new Services. You warrant that the holder of any worldwide intellectual property right in Your Content has waived all such rights and granted you the right to grant the license above. You are responsible for all of Your Content made available on Tidal Wave Properties.

5.5 Feedback
You agree that any ideas, suggestions, documents, and/or proposals submitted to Tidal Wave through its feedback pages ("Feedback") are at your own risk and Tidal Wave has no obligations regarding such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and grant Tidal Wave a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and commercially or non-commercially exploit any and all Feedback, and to sublicense these rights, in connection with operating and maintaining Tidal Wave Properties and Tidal Wave’s business.

6. User Conduct

6.1 Commercial Activities:
Users are prohibited from engaging in activities such as reselling Tidal Wave properties, posting unsolicited ads, using the platform for commercial solicitation, and engaging in spam or pyramid schemes.

6.2 General Conduct:
Users must not share content that is unlawful, defamatory, or harmful, impersonate others, share unauthorized content, infringe on others' rights, violate laws, create multiple accounts, or harass other users.

7. Investigations

Tidal Wave reserves the right to monitor content and user activity. They can remove content and terminate user accounts if violations are suspected.

8. Interactions with Other Users

8.1 User Responsibility:
Users are responsible for their interactions with others. Tidal Wave can intercede in disputes but is not obligated to do so.

8.2 Content Provided by Other Users:
Tidal Wave is not responsible for user-generated content. Users interact with such content at their own risk.

9. Third-Party Services

9.1 Third-Party Websites, Applications, and Ads:
Tidal Wave provides links to third-party sites but is not responsible for their content. Users should review the third-party terms and policies.

9.2 App Stores:
The availability of Tidal Wave apps depends on third-party app stores (e.g., Apple App Store). The Agreement is between the user and Tidal Wave, not the app stores.

10. Indemnification

Users agree to indemnify Tidal Wave and its affiliates against losses or claims arising from their content, use of services, violations of the Agreement, or other users' rights.

11. Disclaimer of Warranties and Conditions

Tidal Wave provides services "as is" without warranties. They are not liable for third-party conduct or content, and users assume all risks.

12. Limitation of Liability

12.1 Disclaimer of Certain Damages:
Tidal Wave is not liable for indirect, incidental, or consequential damages. Certain limitations on liability apply, but they do not cover cases of negligence or fraud by Tidal Wave.

12.2 Cap on Liability:
Tidal Wave’s liability is capped at $100 or the amount specified by applicable law, except for negligence or fraud.

12.3 User Content:
Tidal Wave is not responsible for content timeliness, deletion, or failure to store user data.

12.4 Basis of the Bargain:
The liability limitations are fundamental to the agreement.

13. Remedies

13.1 Violations:
Tidal Wave can investigate violations, report criminal activity, and disclose information to authorities if needed.

13.2 Breach:
If a user breaches the Agreement, Tidal Wave can warn, delete content, discontinue services, cooperate with law enforcement, and pursue other actions.

14. Term and Termination

14.1 Term:
The Agreement starts when accepted and continues until terminated.

14.2 Prior Use:
The Agreement applies from the first use of Tidal Wave properties.

14.3 Termination by Tidal Wave:
Tidal Wave can terminate services without notice for material breaches or legal requirements.

14.4 Termination by Users:
Users can terminate services by closing their accounts.

14.5 Effect of Termination:
Termination includes loss of access and deletion of user content. Surviving provisions continue after termination.

14.6 No Subsequent Registration:
Users cannot re-register if access is terminated for violations.

15. Dispute Resolution

15.1 Applicability:
Disputes are resolved by binding arbitration, not in court, except for small claims and intellectual property issues.

15.2 Arbitration Rules and Forum:
Arbitration is governed by the Federal Arbitration Act and conducted by JAMS, following specific rules.

15.3 Authority of Arbitrator:
The arbitrator decides the scope and enforceability of the Arbitration Agreement and can award damages and relief.

15.4 Waiver of Jury Trial:
Users waive the right to sue in court or have a jury trial.

15.5 Waiver of Class Actions:
Disputes must be arbitrated individually, not as a class or collective action.

15.6 30-Day Right to Opt Out:
You have the right to opt out of the provisions of this Arbitration Agreement. To do so, you must send a written notice of your decision to opt out to: unsubscribe@onetrs.net within 30 days of first becoming subject to this Arbitration Agreement.

Your notice must include:

  • Your name and address
  • Your Tidal Wave username (if any)
  • The email address you used to set up your Tidal Wave account (if you have one)
  • An unequivocal statement that you want to opt out of this Arbitration Agreement

If you choose to opt out of this Arbitration Agreement, all other parts of the Agreement will still apply to you. Opting out of this Arbitration Agreement does not affect any other arbitration agreements you may currently have or may enter into in the future with Tidal Wave.

15.7 Severability:
If parts of the Arbitration Agreement are invalid, the rest remains effective.

15.8 Survival:
The Arbitration Agreement survives termination of the user relationship.

15.9 Modification:
Users can reject future changes to the Arbitration Agreement within 30 days.

16. General Provisions

16.1 Electronic Communications:
Communications between you and Tidal Wave may occur electronically. By using Tidal Wave Properties, you consent to receive electronic communications from Tidal Wave and agree that these communications satisfy any legal requirements for written communication.

16.2 Release:
You release Tidal Wave and its parties from any claims or damages arising from your use of Tidal Wave Properties, except for claims resulting from unconscionable commercial practices or fraud by Tidal Wave.

16.3 Assignment:
You cannot transfer or assign your rights or obligations under the Agreement without Tidal Wave's prior written consent.

16.4 Force Majeure:
Tidal Wave is not liable for delays or failures to perform due to causes outside its control, such as natural disasters, war, or strikes.

16.5 Questions, Complaints, Claims:
For any issues, contact Tidal Wave Telecom, Inc. at
4215 Tierra Rejada Rd, #172,
Moorpark, CA 93021,
Attn: Legal,
or email support@onetrs.net.

16.6 Exclusive Venue:
Any litigation related to the Agreement will be conducted exclusively in Ventura County, California.

16.7 Governing Law:
The Agreement is governed by the laws of the State of California, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.8 Notice:
You are responsible for providing a valid email address for notifications from Tidal Wave. Notices sent to your last provided email address are considered effective.

16.9 Waiver:
Failure to enforce any provision of the Agreement on one occasion does not waive the right to enforce it on any other occasion.

16.10 Severability:
If any part of the Agreement is found invalid or unenforceable, it will be modified to reflect the parties' original intent, and the remaining portions will remain in effect.

16.11 Accessing and Downloading the Application from Apple App Store:
The Agreement between you and Tidal Wave is independent of Apple. Apple is not responsible for the App or its content and has no obligation to provide support. Apple may enforce the Agreement as a third-party beneficiary.

16.12 Consumer Complaints:
In accordance with California Civil Code §1789.3, complaints can be reported to the California Department of Consumer Affairs.

16.13 Entire Agreement:
The Agreement constitutes the entire agreement between the parties and supersedes all prior discussions.

Annex 1 - Tidal Wave E911 Services

- 911 Services:
Jails and Prisons do not allow incarcerated individuals to dial 911. Therefore, 911 calls are not allowed.