Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and the entity you represent (“you”, “Customer”) and Wavelify and its affiliates (“Wavelify”, “we”, “us”), which operates the Mapper platform, edge probes, dashboards, APIs, and related software and services (collectively, the “Service”). If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

If you do not agree to these Terms, do not access or use the Service. We may update these Terms from time to time; the “Last updated” date reflects the current version, and your continued use after changes become effective constitutes acceptance.

The Service collects and visualizes wireless (Wi-Fi/RF) telemetry from probes you deploy, and surfaces metrics, heatmaps, inventories, and informational alerts (including wireless intrusion-detection signals such as possible rogue or “evil-twin” access points, deauthentication activity, and interference).

The Service is an informational and diagnostic aid only. It is not a security product, intrusion-prevention system, life-safety system, or substitute for professional security, engineering, legal, or regulatory judgment. Alerts and measurements may be incomplete, delayed, inaccurate, or absent. Wavelify does not guarantee that the Service will detect any particular condition, threat, attack, device, or coverage gap, or that any alert is accurate.

You must not rely on the Service as your sole or primary means of detecting or preventing security incidents, outages, or regulatory non-compliance. You are responsible for maintaining independent safeguards, backups, and monitoring appropriate to your risk.

You must be at least 18 years old and able to form a binding contract. You are responsible for the accuracy of your account information, for all activity under your account, and for keeping your credentials and multi-factor codes confidential. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security, legal, or operational risk.

Wireless monitoring is regulated in many jurisdictions. You represent and warrant that you will use the Service only on networks and radio environments that you own or are expressly authorized to monitor, and only in compliance with all applicable laws, including those governing wireless interception, wiretapping, electronic communications, privacy, radio spectrum, and computer access.

• You are solely responsible for obtaining any consents, authorizations, notices, and permits required for your deployment and monitoring activities.
• You will not use the Service to monitor, intercept, deauthenticate, interfere with, or attack networks or devices you do not own or are not authorized to test.
• You will not use the Service in any manner that is unlawful, harmful, or that infringes the rights of others.

You acknowledge that you, and not Wavelify, determine where and how probes are deployed and how the resulting data is used, and that Wavelify has no control over and accepts no responsibility for the legality of your deployment.

You agree not to, and not to permit any third party to:

• reverse engineer, decompile, or attempt to extract source code or models from the Service, except to the extent this restriction is prohibited by law;
• resell, sublicense, or provide the Service to third parties except as expressly permitted in a written order;
• interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it or its related systems;
• upload malware or unlawful content, or use the Service to violate the security or privacy of any person; or
• exceed documented rate limits, probe allotments, or other usage limits.

Edge probes and any other hardware are provided subject to the applicable order and, where offered, the manufacturer’s limited warranty only. Except for such manufacturer warranty (if any), hardware is provided “as is.” You are responsible for the physical security, placement, power, network connectivity, and lawful operation of probes at your sites.

Fees are set out in your order or plan and are due on the stated terms (for example, net 30 or net 60 from invoice). Unless stated otherwise, fees are non-refundable and exclusive of taxes, which you are responsible for. We may suspend or restrict access to the Service for accounts that are past due, expired, or in breach, without liability to you. We may change pricing on a going-forward basis with notice.

As between the parties, you retain ownership of the data you submit or that the Service collects from your environment on your behalf (“Customer Data”). You grant Wavelify a worldwide, non-exclusive license to host, process, and use Customer Data to provide, secure, and improve the Service, and to create aggregated and de-identified data that does not identify you or any individual. Our handling of personal data is described in our Privacy Policy and, where applicable, our Data Processing Addendum. Any feedback you provide may be used by us without restriction or obligation.

The Service may interoperate with or rely on third-party networks, carriers, cloud providers, and software. We are not responsible for third-party services or for any failure, delay, or damage arising from them, and their use may be subject to separate terms.

We strive for high availability but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. Unless you have a separate written service-level agreement signed by Wavelify, the Service is provided without any uptime commitment, and maintenance, updates, and outages may occur with or without notice.

The service, including all hardware, software, data, alerts, measurements, and outputs, is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. Wavelify expressly disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

Wavelify does not warrant that the service will detect or prevent any security incident, intrusion, rogue device, outage, interference, or coverage gap; that alerts or measurements are accurate, complete, or timely; or that the service will meet your requirements or comply with any law applicable to your use. You assume the entire risk arising out of your use of the service.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case, such warranties are limited to the minimum extent permitted by law.

To the maximum extent permitted by law, Wavelify and its affiliates, officers, employees, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business interruption, or for any security breach, intrusion, unauthorized access, downtime, or damages arising from your reliance on or inability to use the service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, the total aggregate liability of Wavelify arising out of or relating to the service and these terms, for all claims combined, will not exceed the greater of (a) the amounts you actually paid to Wavelify for the service in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

These limitations apply to all claims, whether based in contract, tort (including negligence), strict liability, or otherwise, and form an essential basis of the bargain between the parties. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

You will defend, indemnify, and hold harmless Wavelify and its affiliates, officers, employees, suppliers, and licensors from and against any and all claims, damages, liabilities, losses, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your deployment or operation of probes; (c) your Customer Data or monitoring activities; (d) your violation of these Terms or of any law, including wireless, privacy, or interception laws; or (e) your infringement or violation of the rights of any third party.

You may stop using the Service at any time. We may suspend or terminate your access immediately if you breach these Terms, fail to pay, or create risk or possible legal exposure for us or others, or as required by law. Upon termination, your right to use the Service ceases. Sections that by their nature should survive (including Sections 4, 8, 11–13, and 15–17) will survive termination.

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The parties will attempt in good faith to resolve any dispute informally. Any dispute not resolved informally will be resolved by binding arbitration on an individual basis, and you and Wavelify waive any right to a jury trial and to participate in a class, collective, or representative action, to the maximum extent permitted by law. Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

We may modify, suspend, or discontinue any part of the Service at any time. We may revise these Terms by posting an updated version; material changes will be indicated by updating the “Last updated” date and, where appropriate, by additional notice. Your continued use after the effective date constitutes acceptance.

These Terms, together with any order, the Privacy Policy, and any applicable Data Processing Addendum, are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. If any provision is held unenforceable, the remaining provisions remain in effect and the unenforceable provision will be limited to the minimum extent necessary. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Terms creates a partnership, agency, or employment relationship. We are not liable for any failure or delay caused by events beyond our reasonable control (force majeure).