Effective Date: May 1, 2025
Terms of Service
Welcome to Waverii, the surfer-to-surfer marketplace platform connecting traveling surfers and surf enthusiasts (the “Service Seekers”) with local surf service providers (the “Service Providers”) offering transport, lodging, photography, surf instruction, surf guiding, and board rental or purchase (collectively, the “Services”). Please read these Terms of Service (“Terms”) carefully before using the Waverii website, mobile applications, and associated services (the “Platform”).
By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Platform.
1. Definitions
- “Waverii” means the online marketplace platform operated by Waverii, including the website, mobile apps, and services facilitating connections between Service Seekers and Service Providers.
- “Service Seeker” means any individual or entity using the Platform to find or book surf-related services.
- “Service Provider” means any individual or business listing surf-related services on the Platform.
- “User” means any individual or entity accessing or using the Platform, including both Service Seekers and Service Providers.
- “Content” means any text, images, videos, or other material uploaded or posted by Users on the Platform.
- “Surf-related service” includes, but is not limited to: surf lessons, board or gear rentals, surf guiding or coaching, surf photography, surfboard shaping or repair, transportation to surf spots, surf fitness or yoga sessions, and surf-centric lodging or experiences that cater to the surf lifestyle.
2. Agreement to Terms
By accessing or using the Platform, you represent that you have the legal authority to do so and agree to comply with these Terms, all applicable laws, and our Privacy Policy. If you use the Platform on behalf of an entity, you confirm you have the authority to bind that entity.
Users must be at least 18 years old or the age of majority in their jurisdiction. If you are underage, please do not use the Platform. We reserve the right to suspend or terminate accounts suspected of violating this age requirement.
3. Platform Use & Services
- Marketplace Role: Waverii provides tools to connect Service Seekers with Service Providers. We do not provide the surf-related services ourselves, nor do we process payments.
- User Responsibilities:
- Service Seekers are responsible for confirming bookings, understanding service terms, and negotiating payments directly with Service Providers.
- Service Providers must provide accurate and complete information about their services, including pricing, availability, and policies.
4. Payment & Transactions
- Waverii does not process payments between Users. Payment terms, methods, and disputes are the sole responsibility of the Users.
- Users are responsible for complying with any tax, customs, or regulatory obligations arising from their transactions.
5. Account Registration & Security
- Users must provide accurate, current, and complete information during registration.
- Users are responsible for safeguarding their account credentials and notifying Waverii immediately of any unauthorized use.
- Users must not share accounts or allow unauthorized access.
6. User Conduct
Users agree not to:
- Use the Platform for unlawful, fraudulent, or harmful purposes.
- Post defamatory, offensive, or infringing content.
- Harass or threaten others.
- Impersonate any person or entity.
- Disrupt or interfere with Platform operation.
- Violate any applicable laws or regulations.
Users shall comply with all local, national, and international laws relevant to their use of the Platform.
7. Intellectual Property & User Content
- Users retain ownership of the Content they post but grant Waverii a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, reproduce, distribute, display, and create derivative works from such Content for marketing, promotional, and operational purposes.
- Users represent that their Content does not infringe any third-party rights.
8. Privacy & Data Protection
- Waverii processes user data in accordance with its Privacy Policy. By using the Platform, you acknowledge and consent to such processing, including cross-border data transfers where applicable and permitted by law.
- Waverii complies with applicable data protection laws. Depending on a user’s location, this may include regulations such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or similar privacy laws.
- Users may have the right to access, correct, or request deletion of their personal data in accordance with applicable law by contacting Waverii or using available account controls.
- Users may receive communications from Waverii related to their account or use of the Platform and may opt out of non-essential communications at any time.
9. Service Provider Responsibilities
- Service Providers must ensure all information on their profile is accurate, including service descriptions, availability, pricing, and policies.
- Service Providers must provide services professionally and in compliance with industry standards and local regulations.
- Service Providers are responsible for handling issues, cancellations, or disputes directly with Service Seekers. Waverii does not resolve disputes between users.
10. Service Seeker Responsibilities
- Service Seekers must review Service Provider profiles and verify service details, pricing, availability, and terms before booking.
- Service Seekers must directly communicate with Service Providers to confirm bookings, ask questions, and arrange services.
- Service Seekers must adhere to Service Provider cancellation or rescheduling policies.
11. Dispute Resolution
- In the event of a dispute between a Service Seeker and a Service Provider, both parties are encouraged to resolve the issue through direct communication.
- Waverii does not mediate disputes or handle compensation, refunds, or cancellations.
12. Limitation of Liability
- To the fullest extent permitted by law, Waverii, its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, data, or use arising out of or related to Users’ use of the Platform or services.
- Waverii is not liable for any personal injury, property damage, or death resulting from the use of services booked through the Platform.
- Liability, if any, shall be limited to the amount paid (if any) for accessing the Platform.
13. Indemnification
Users agree to indemnify and hold harmless Waverii, its affiliates, employees, officers, and agents from any claims, damages, liabilities, or expenses arising from:
- User actions or use of the Platform.
- Breach of these Terms.
- Disputes with other users.
14. Termination
- Waverii reserves the right to suspend or terminate user accounts at any time for any reason, including violations of these Terms.
- Terminated users may lose access to the Platform and previously booked services. Users remain responsible for outstanding obligations or disputes.
15. Compliance with Laws & Anti-Corruption
- Users must comply with all applicable laws, including anti-bribery, anti-corruption, export control, and sanction laws.
- Users shall not use the Platform to engage in illegal activities or trade with restricted countries.
16. Consumer Rights & Severability
- These Terms do not affect Users’ mandatory rights under applicable consumer protection laws.
- If any provision of these Terms is found invalid or unenforceable under any jurisdiction, the remaining provisions shall remain in full force and effect.
17. Modifications to Terms
- These Terms do not affect Users’ mandatory rights under applicable consumer protection laws.
- If any provision of these Terms is found invalid or unenforceable under any jurisdiction, the remaining provisions shall remain in full force and effect.
18. Governing Law & Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
- Except as provided in Section 11 regarding arbitration, Users consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida.
19. Contact Information
For questions about these Terms or the Platform, please reach out to Waverii Support through our contact form.
By using the Waverii Platform, you acknowledge that you have read, understood, and agree to these Terms of Service.