Terms & Conditions

Effective date: 13 May 2026 · Version 1.0

These Terms and Conditions (the "Terms") form the agreement between Techwave Pty Ltd (ABN 13 644 894 397), trading as waveMail ("waveMail", "we", "us", "our"), and the entity or person who creates an account or otherwise uses the waveMail service ("you", "Customer"). By creating an account, using the platform, or accessing wavemail.com.au, you agree to these Terms.

If you are entering into these Terms on behalf of a business or organisation, you confirm you have authority to bind that entity, and "you" and "Customer" refers to that entity.

1. The service

waveMail is a software-as-a-service email marketing platform that lets Customers manage subscriber lists, build email templates, send email campaigns, run automation flows, capture leads via forms and landing pages, and analyse engagement. The service includes the waveMail web application at app.wavemail.com.au, the waveMail public APIs, and any related documentation and add-on services we make available (the "Service").

2. Your account

1. You must provide accurate, current and complete information when creating your account, and keep that information up to date.
2. You are responsible for all activity that occurs under your account, including the activity of any users you invite. Keep your login credentials and API keys confidential. Notify us promptly at [email protected] if you suspect unauthorised access.
3. You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account.
4. One person or entity may not create multiple accounts to circumvent plan limits.

3. Acceptable use and anti-spam

You must comply with all applicable laws when using the Service, including the Australian Spam Act 2003 (Cth), the US CAN-SPAM Act, Canada's CASL, the EU GDPR and the UK GDPR (where they apply to your sending). In particular, you agree that you will:

• Only send commercial email to Recipients who have given valid consent under the law of their jurisdiction (express or, where permitted, inferred consent).
• Include accurate sender identification and a working unsubscribe mechanism in every commercial message, in line with section 18 of the Spam Act.
• Honour unsubscribe requests within 5 business days, and ideally within hours.
• Maintain accurate records of how, when and from where each subscriber on your list gave consent.
• Not send email that is, or could reasonably be regarded as: spam, deceptive, fraudulent, defamatory, obscene, harassing, threatening, infringing of another's rights, or harmful to minors.
• Not send email related to industries we prohibit, including: illegal drugs, escort and adult-content services, multi-level marketing schemes that lack genuine product, gambling without a relevant licence, cryptocurrency promotion to retail audiences without appropriate regulatory authorisation, debt-reduction or credit-repair "miracle" claims, or any list purchased or rented from a third party.
• Not use the Service to send phishing emails, malware, or links to malicious sites; to scrape or harvest data; or to test the security of any system without authorisation.
• Maintain healthy sending practices, including warming up new domains gradually and removing hard-bouncing or repeatedly-complaining contacts.

4. Your content and lists

1. Your data stays yours. You retain all rights, title and interest in the subscriber lists, email content, templates, images, and other material you upload or create in waveMail (your "Customer Content").
2. Licence to us. You grant waveMail a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process your Customer Content solely as needed to provide the Service to you and to meet our legal obligations.
3. Your responsibility. You warrant that you have the rights, consents and authority necessary to upload your Customer Content and send email to each Recipient.
4. Export. You may export your lists, templates and reports at any time from the application. After your account closes, you can export within 30 days; after that, your Customer Content may be deleted as described in our Privacy Policy.

5. Fees, billing and refunds

1. Plan fees are displayed in Australian dollars (A$) on our pricing page and in your account. All prices are exclusive of GST unless stated otherwise. GST will be added where applicable.
2. Plans are billed monthly in advance, on the calendar day your account was first activated (the "billing date"). If your billing date does not exist in a given month, you will be billed on the last day of that month.
3. You authorise us, or our payment processor, to charge your nominated payment method for the recurring fee each billing cycle.
4. If a payment fails, we may retry the charge and may suspend the account until payment is successful.
5. Upgrades take effect immediately and are pro-rated for the remainder of the current cycle. Downgrades take effect at the start of the next cycle.
6. Refunds. Plan fees are non-refundable except where required by law (including Australian Consumer Law). If we materially fail to deliver the Service and the failure is our fault, we will, at our option, provide a service credit or refund the affected portion of fees.
7. Overage. If you exceed your plan's contact or send limits, we will notify you and you may either upgrade or trim your list. We may, in our discretion, charge a reasonable overage fee or temporarily limit sending. We will never silently charge an overage fee that was not disclosed to you in advance.

6. Free trials and beta features

1. If we offer you a free trial, you may use the Service free of charge for the trial period and within the limits stated at sign-up. At the end of the trial, you must choose a paid plan to continue using the Service.
2. Features marked "beta", "preview" or "early access" are provided as-is, may change without notice, and may be withdrawn. They are not subject to any service-level commitment.

7. Suspension and termination

1. By you. You may cancel your account at any time from your account settings or by contacting [email protected]. Cancellation takes effect at the end of your current paid billing cycle.
2. By us. We may suspend or terminate your account if you materially breach these Terms, fail to pay, or use the Service in a way that creates legal risk or threatens the platform.
3. Effect. On termination, your right to access the Service ends. We will give you a reasonable period (at least 30 days, unless terminated for serious breach) to export your Customer Content before deletion.

8. Service availability

We aim to keep the Service available 24/7, with a target monthly uptime of 99.9% for the application and the underlying email-sending infrastructure. The Service may be unavailable during planned maintenance (we will notify in advance), or due to events beyond our reasonable control (including upstream provider outages, internet failures, force majeure events). We do not promise that mailbox providers will accept, deliver or display any particular email.

9. Support

All paid plans include support via email, in-app chat and our Help Centre. Premium and Enterprise plans receive priority response times as described on the Pricing and Features pages. Australian-based support is available during Australian business hours; out-of-hours support is best-effort.

10. Intellectual property

1. waveMail (including its software, designs, logos, documentation, and the structure and organisation of the application) is owned by Techwave Pty Ltd or its licensors and is protected by Australian and international intellectual-property law.
2. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms.
3. You must not copy, modify, reverse engineer, decompile or otherwise attempt to derive source code from the Service, except to the extent that this restriction is prohibited by law.
4. Feedback. If you give us suggestions or feedback about the Service, you grant us an unrestricted right to use that feedback without obligation to you.

11. Data, privacy and security

Our handling of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you confirm that you have read and understood that policy, and that you have a lawful basis to upload Recipient data to waveMail and send email to each Recipient.

You and waveMail acknowledge that, in relation to Recipient data, the Customer is the "controller" and waveMail is the "processor" (using GDPR terminology). waveMail processes Recipient data only on the documented instructions of the Customer and as necessary to provide the Service.

12. Warranties and consumer law

To the extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

13. Limitation of liability

Subject to section 12 (Australian Consumer Law) and to the extent permitted by law:

1. Neither party is liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, revenue, business opportunity, goodwill, or data, arising out of or in connection with these Terms or the Service, even if advised of the possibility of such loss.
2. Our total aggregate liability to you under or in connection with these Terms, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees paid by you to waveMail in the twelve (12) months immediately preceding the event giving rise to the claim.

14. Indemnity

You agree to defend, indemnify and hold harmless Techwave Pty Ltd and its officers, employees and contractors from and against any claim, loss, damage, liability or expense (including reasonable legal fees) arising from: (a) your Customer Content; (b) your breach of these Terms; (c) your violation of any applicable law; or (d) a Recipient's complaint or claim arising from email you sent through the Service.

15. Changes to the service and these Terms

We may modify the Service from time to time, including by adding, changing or removing features. If we make a material change to these Terms, we will notify Customers by email or in-product notice at least 30 days before the change takes effect. Continued use of the Service after the change takes effect is your acceptance of the updated Terms.

16. General

1. Entire agreement. These Terms, the Privacy Policy and any plan or order details together form the entire agreement between you and waveMail and supersede any prior agreements between us on the same subject.
2. Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition or sale of substantially all of our assets, provided the assignee assumes our obligations.
3. Severability. If any provision of these Terms is held unenforceable, the remainder will continue in full force and effect.
4. No waiver. A failure or delay by either party in enforcing any right under these Terms is not a waiver of that right.
5. Governing law. These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
6. Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by an event beyond its reasonable control, including natural disasters, war, civil unrest, government action, internet outages, or upstream-provider outages.
7. Notices. Notices to waveMail must be sent to the address in section 17 below. Notices to you may be sent to your registered email address.

17. How to contact us

Techwave Pty Ltd (ABN 13 644 894 397)
Level 9, 123 Epping Rd
Macquarie Park NSW 2113 Australia
Phone: 1300 168 777
Email: [email protected]

This document is provided as part of the waveMail website and is not legal advice. We recommend you obtain independent legal advice before relying on these Terms in any specific circumstances.