Terms of service

Early access and experimental software

WavePhase is offered in early access. The product is under active development and may change frequently. Features may be incomplete, unstable, or removed without notice. Builds may introduce breaking changes. Documentation may lag the software.

You acknowledge that the Services are experimental and are not certified, validated, or approved for any particular professional, safety-critical, or regulated use. You must not rely on WavePhase as a substitute for qualified lighting operators, pyrotechnicians, riggers, electricians, or other professionals required for your venue or production.

Provider

The Services are provided by the operator identified in our Legal notice (Jaroslav Patočka, operating as WavePhase). Support and contractual notices may be sent to [email protected].

License to the software

When you purchase a valid license or redeem a valid activation key, we grant you a non-exclusive, non-transferable right to use the desktop application according to the tier you selected and the technical limits shown in the product and on the site. Licenses are per seat unless we specify otherwise at purchase or on the key. This grant does not include any ownership of the software, source code, or underlying intellectual property.

Cloud features, team workspaces, and add-on subscriptions are governed by the entitlements shown at purchase and in your account. We may modify cloud quotas, relay availability, or feature scope during early access where reasonably necessary to operate or improve the Services.

Your responsibility for live outputs

WavePhase can send control signals to external equipment (for example via DMX, OSC, Art-Net, sACN, MIDI, or network APIs). You alone decide whether, how, and when to connect the software to lights, LED fixtures, moving heads, lasers, fog or haze machines, pyrotechnics, motors, rigging, video processors, or any other hardware or effects.

You are solely responsible for: (a) verifying that every output behaves as intended in your venue; (b) maintaining appropriate failsafes, emergency stops, fire codes, insurance, permits, and crew qualifications; (c) supervising rehearsals and performances; and (d) ensuring that your configuration cannot cause overheating, unintended ignition, mechanical harm, eye exposure, or other hazards.

We do not operate your show, inspect your rig, or guarantee that any cue, patch, macro, agent suggestion, or cloud snapshot is safe or correct for your environment. Any examples, templates, PatchBay content, or AI-assisted suggestions are provided for convenience only and must be reviewed by you before use in production.

Disclaimer of warranties

To the fullest extent permitted by applicable law, the Services and all related software, documentation, and content are provided "as is" and "as available", with all faults. We disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, uninterrupted operation, and error-free performance.

Without limiting the foregoing, we do not warrant that the Services will meet your requirements, that outputs will be timely or reliable, that defects will be corrected, or that the software is suitable for live events, broadcast, touring, theme parks, installations, or any production environment without your own independent validation.

Limitation of liability

To the maximum extent permitted by law, Jaroslav Patočka and WavePhase (and our suppliers and processors) shall 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 production downtime, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, we shall not be liable for any personal injury, death, fire, explosion, property damage, equipment damage, or other physical harm arising from or related to your use of the Services, your show files, your patches, your integrations with third-party equipment, or any failure of outputs, timing, networking, cloud relay, or licensing systems.

To the extent any liability cannot be excluded, our aggregate liability arising out of or relating to the Services or these terms shall not exceed the greater of (i) the amounts you paid us for the specific license or subscription giving rise to the claim in the twelve (12) months before the event, or (ii) fifty euros (€50).

Some jurisdictions do not allow certain exclusions or limitations; in those cases our liability is limited to the fullest extent permitted by law, and mandatory consumer rights remain unaffected.

Indemnification

You agree to indemnify, defend, and hold harmless Jaroslav Patočka and WavePhase from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Services; (b) your show content, configurations, or integrations; (c) your connection of WavePhase to physical equipment or effects; (d) your violation of these terms or applicable law; or (e) any dispute between you and a venue, client, crew member, or third party in connection with a production.

Updates and renewals

Your purchase or redemption includes updates for the period stated at checkout or as described for that product. After that period, you may renew to keep receiving new builds, or continue using builds you already obtained within the rights of your license. Renewal and subscription rates may change for future periods; when they do, we will provide notice through your account email or in-product messaging before the new rate applies. Specific entitlements are reflected in your account and in product messaging.

Payments and refunds

Paid licenses and subscriptions are processed by Stripe. Prices and entitlements are shown at checkout. Because the product is early access, we generally do not offer refunds except where required by mandatory consumer law or where we explicitly agree in writing. Chargebacks or payment disputes may result in suspension of licenses or accounts pending resolution.

Cloud uploads and your content

When you save or sync a show to WavePhase Cloud, you upload a packaged copy of that show. The package may include fixtures and personalities, embedded media and images, meshes, shader sources, and other files referenced by the show. That content is stored with our service (including object storage/CDN) and is accessible to the service operator as needed to provide Cloud features.

You retain ownership of your content. You grant WavePhase a worldwide, non-exclusive license to host, store, copy, process, transmit, display, and otherwise use uploaded show packages and related media to operate, secure, troubleshoot, and improve the Services, including product analytics, research and development, and future features. Only upload content you have the right to upload and that you are comfortable storing with us. Do not upload unlawful content or material you are not authorized to share.

Cloud storage is subject to plan quotas. You may delete Cloud shows to free space. Extra storage may be offered as a paid add-on where shown in your account. After deletion or entitlement expiry, residual copies may remain in backups for a limited period consistent with our Privacy policy.

Acceptable use

You agree not to misuse the Services, attempt to circumvent licensing or security controls, reverse engineer or redistribute the software except as permitted by law, upload unlawful content to PatchBay or cloud projects, or use the product in violation of applicable law. We may suspend or terminate access where necessary to protect the Services or other users.

Telemetry and diagnostics

To keep the Services reliable and to understand how features are used, we may collect limited diagnostic and usage information as described in our Privacy policy. In summary:

• Crash and error reports (Sentry) — in production/release builds, the desktop app and website/server may send technical crash or error diagnostics (for example stack traces, app version, and OS). Desktop crash reporting can be turned off in Preferences; it does not include your show files, audio, or patch graph content.
• Website analytics (Google Analytics) — only if you choose Accept all on our cookie banner. Essential-only visitors are not measured by Google Analytics.
• Desktop usage analytics (optional, opt-in) — lightweight session metrics sent to our first-party API when you consent in first-run setup or Preferences (app open, session length, version/OS; license-linked when signed in). No show content, prompts, emails, or license keys. You can decline or turn it off anytime; nothing is sent without consent.

Billing is processed by Stripe. Cloud accounts, licensing, and related service data are handled as described in the Privacy policy. By using the Services you acknowledge this processing where permitted by law; mandatory consumer and data-protection rights remain unaffected.

Third-party services and content

The Services integrate with or rely on third parties (for example payment processors, email delivery, hosting, optional error monitoring, and AI providers for cloud features). Your use of third-party equipment and networks is at your own risk. Community patches, comments, and shared project data are provided by users; we do not endorse them and are not responsible for their accuracy or safety.

Governing law

Unless mandatory consumer protection rules in your country require otherwise, these terms are governed by the laws of the Czech Republic, without regard to conflict-of-law rules. Courts in the Czech Republic may have jurisdiction; consumers may also have rights in their country of residence.

Changes

We may update these terms. Continued use after changes constitutes acceptance of the revised terms where allowed by law. Material changes will be communicated in a reasonable manner (for example via the site or email to your account address).