Terms Of Use

Last update: July 25, 2023

Welcome and thank you for your interest in TEKWAVE SOLUTIONS!  You are reviewing these Terms of Use because you use or have purchased, or are considering purchasing or using, the TEKWAVE Services (the “TEKWAVE Services”), consisting of TEKControl hardware and software suite including The ALLBOX or other electronic devices (the “TEKWAVE Product”) to be used with the TEKWAVE mobile application (the “Mobile App”) and related website at www.TEKWAVESOLUTIONS.com (the “Website”)

THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND TEKWAVE SOLUTIONS LLC PLEASE READ THEM THROUGH CAREFULLY BEFORE USING ANY TEKWAVE SERVICES. By using any TEKWAVE Services you signify your agreement to these Terms of Use (the “Terms of Use”). If you do not agree to these Terms of Use, you may not use the TEKWAVE Services and should not purchase the TEKWAVE Services.

The TEKWAVE Services have been developed and are owned by TEKWAVE SOLUTIONS LLC which is referred to as TEKWAVE, we, us or our in these Terms of Use.  You are referred to as “you” or “your” in these Terms of Use.

SUPPORT AND QUESTIONS
If you have any questions about the installation or use of the TEKWAVE Services or have technical difficulties, you may e-mail us at support@TEKWAVESOLUTIONS.COM.  

CHANGES TO SERVICES AND TERMS
We may change or discontinue, in whole or in part, the TEKWAVE Services at any time without notice. You acknowledge that TEKWAVE is not liable to you or to any third party for any such action.

We may modify these Terms of Use from time to time. The most current Terms of Use will be available on the TEKWAVE homepage and the date of the latest update is indicated at the top of these Terms of Use. We may communicate major changes with a special notice on the TEKWAVE Services or by email. You accept such modified Terms of Use by continuing to use the TEKWAVE Services.

REQUIREMENTS FOR USE OF THE TEKWAVE SERVICES
You represent and warrant that you are aged 18 years or older and have the legal authority to accept these Terms of Use on your own behalf or any party you represent. Please also refer to the Precautions in these Terms of Use.

The full TEKWAVE experience requires the TEKWAVE Product, Internet access to the Mobile App and Website, and other required software (if any). Periodic updates to any of these elements may be required for improved performance, and the performance of the whole may be affected by the performance of any of these elements. You are responsible for obtaining your own Internet access and mobile device to access the TEKWAVE Services.

CORPORATE CONTACT INFO
Mailing Address: 4575 Webb Bridge Road # 4345, Alpharetta, GA 30005
Email:  info@TEKWAVESOLUTIONS.COM
Phone: 678-951-0626 (Please note calls to this number cannot reach customer service. For questions on support, orders, returns or product information, please email us support@TEKWAVESOLUTIONS.COM to more quickly have your needs handled).

PRIVACY POLICY
The TEKWAVE Services are subject to the TEKWAVE Privacy Policy, which can be found at www.TEKWAVESOLUTIONS.COM/privacy-policy

Limited License and Ownership of the TEKWAVE Services

You are hereby granted a non-exclusive, revocable and nontransferable license to use the TEKWAVE Services in accordance with these Terms of Use.

TEKWAVE or its licensors own all title and rights to the TEKWAVE Services, including, but is not limited to all copyrights, trademarks, know-how and other intellectual property rights included therein. You may not reproduce (whether by linking, framing or any other method), transfer, distribute, store, modify, decompile, disassemble, or create derivative works of, publicly display, or commercially exploit any part of the TEKWAVE Services except as necessary to display, download or print (without modification) for your own non-commercial use. All rights in the TEKWAVE Services not expressly granted to you by TEKWAVE are retained by TEKWAVE and its licensors. Violation of any of these Terms of Use gives TEKWAVE sole discretion to refuse or terminate access to the TEKWAVE Services effective immediately. In such an event you are obliged to immediately destroy any copies you have made of any portion of the TEKWAVE Services.

You may propose to TEKWAVE modifications or improvements to all or any part of the TEKWAVE Services. By choosing to disclose such a proposal to TEKWAVE, you hereby grant TEKWAVE all title and ownership and intellectual property rights to such proposal.

INDEMNITY
You agree to defend, indemnify and hold TEKWAVE and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from: (a) your violation of these Terms of Use; or (b) your violation of TEKWAVE’s intellectual property rights, any third party rights or any applicable law when using the TEKWAVE Services.

LOCAL LAW AND EXPORT CONTROL
In relation to your purchase and use of the TEKWAVE Services, you agree to comply with the laws of your local jurisdiction as well as with any export restrictions of the United States and certain other countries on products or information.

THIRD PARTY SERVICES
To increase value to our users, we may provide links or references to third party websites or services within the TEKWAVE Services. We have no control of such websites or services and do not assume any responsibility or liability for any damage or loss of any kind for or due to their content, functionality, or practices. If you decide to access these third party websites or services, you do so at your own risk. TEKWAVE suggests that before using these third party websites or services you read their terms of use and privacy policies (if any).

For credit card processing, we leverage Stripe for all processing, storage, and refunds. The Stripe Services Agreement is linked below:

https://stripe.com/legal

CONTENT AND WARRANTY DISCLAIMER
EXCEPT FOR THE LIMITED WARRANTY FOR THE TEKWAVE PRODUCT SET FORTH BELOW, THE TEKWAVE SERVICES ARE PROVIDED BY TEKWAVE AND ITS AFFILIATES “AS IS.”

NEITHER TEKWAVE NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TEKWAVE SERVICES (INCLUDING THE TEKWAVE PRODUCTS), ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE TEKWAVE SERVICES. IN ADDITION, TEKWAVE AND ITS PARTNERS, SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE TEKWAVE SERVICES (INCLUDING THE TEKWAVE PRODUCTS), EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHERMORE, TEKWAVE DOES NOT WARRANT THAT USE OF THE TEKWAVE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TEKWAVE SERVICES (INCLUDING ANY TEKWAVE PRODUCT) ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

LIMITED WARRANTY FOR THE TEKWAVE PRODUCT, FOR EXAMPLE, THE SAFELIGHT. TEKWAVE WARRANTS TO THE ORIGINAL END USER PURCHASER THAT THE TEKWAVE PRODUCT IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR TWO (2) YEARS FROM THE DATE OF PURCHASE. If your local law in effect at the time of purchase requires a warranty period longer than two (2) years, this warranty shall be extended to the extent required by such law. Within the warranty period, TEKWAVE shall repair or replace at no charge to you any components of the TEKWAVE Product that fail the limited warranty provided. You shall be responsible for any related transportation charges.  Replacement products may be new or refurbished at our discretion. This limited warranty does not apply to (i) normal wear and tear, including scratches and dents; (ii) consumable parts included in the TEKWAVE Product, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage resulting from your failure to use the TEKWAVE Product in accordance with the instructions accompanying the TEKWAVE Product or available at the Website; (iv) damage resulting from an accident, flood, fire, misuse, or abuse; (v) damage resulting from service performed, or damage resulting from tampering or alterations to the TEKWAVE Product, by anyone not authorized by TEKWAVE; or (vi) use of the TEKWAVE Product with any other application or software than the Mobile App.

TEKWAVE retains the exclusive right to repair or replace the TEKWAVE Product, or offer a full refund, at its sole discretion. Such remedy shall be your sole and exclusive remedy for any breach of warranty. Warranty repairs and replacements have a new warranty which is the longer of ninety (90) days or the balance of the original two year warranty.

LIMITATION OF LIABILITY
IN NO EVENT WILL TEKWAVE OR ANY OF ITS AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE TEKWAVE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TEKWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF TEKWAVE, ARISING FROM OR RELATING TO THE TEKWAVE SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. TEKWAVE’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE WEBSITE. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations will apply to the maximum extent allowed by such applicable law.

TRADEMARKS AND PATENTS
TEKWAVE SOLUTIONS, TEKControl, and ALLBox are trademarks or registered trademarks of TEKWAVE SOLUTIONS LLC Patented and patents pending. All rights reserved. You are not granted, by implication or otherwise, any license or right to use any marks appearing on TEKWAVE Services. One or more patents owned by TEKWAVE (or patents licensed from third parties) apply to the TEKWAVE Products and to the features and services accessible via the TEKWAVE Services maintained by TEKWAVE.

GOVERNING LAW AND DISPUTES
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms of Use or your purchase of any element of the TEKWAVE Services.

If you reside in the United States, these Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to the principles of conflicts of law of any jurisdiction.  If you reside in any other country, these Terms of Use shall be governed by and construed in accordance with the laws of Finland, without regard to the principles of conflicts of law of any jurisdiction.

Both parties shall use their best efforts to settle by amicable negotiations any disputes which may occur between them arising out of or relating to these Terms of Use; the existence, validity, termination, interpretation of any term hereof; and disputes regarding your use of the TEKWAVE Services. If the parties fail to reach an amicable settlement, either party may refer such dispute to binding arbitration. If you reside in the USA, (A) the arbitration will be held in accordance with the International Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time of the arbitration (the “AAA Arbitration Rules”); (B) the AAA shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the AAA Arbitration Rules; and (C) the place of arbitration shall be in San Francisco, California.

If you reside in any other country or territory, (1) the arbitration will be held in accordance with the Arbitration Rules of the International Chamber of Commerce of Finland (“ICC”) in effect at the time of the arbitration (the “ICC Arbitration Rules”); (2) the ICC shall be the appointing authority and responsible for administering any arbitration hereunder in accordance with the ICC Arbitration Rules; and (3) the place of arbitration shall be in Helsinki, Finland.

In either case, the arbitration shall be conducted by a single arbitrator who shall be a professional, legal or otherwise, but shall not be, or have previously been associated with either party (the “Arbitrator”). The arbitral award shall be final, binding and non-appealable. The Arbitrator’s award must be reasoned and issued in writing within thirty (30) days of the hearing, unless otherwise agreed to by TEKWAVE and you.

Notwithstanding the foregoing, in recognition of the irreparable harm that a breach by you of TEKWAVE’s intellectual property rights would cause, TEKWAVE may seek an injunction against such violation or breach in a court of competent jurisdiction.

GENERAL
English language shall govern all documents, notices, and interpretations of these Terms of Use. Sections titled Precautions, Indemnity, Content and Warranty Disclaimer, Limitation of Liability and Governing Law and Disputes shall survive and remain in effect after your license to use the TEKWAVE Services has terminated for any or no reason.

TEKWAVE’s failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by TEKWAVE in writing. These Terms of Use constitute the entire agreement between you and TEKWAVE with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

TEKWAVE SOLUTIONS LLC 4575 Webb Bridge Road # 4345, Alpharetta, GA 30005