Terms of Service

Waverunner analyzes a website, generates advertising creatives, runs campaigns across mobile web, mobile apps, streaming TV, Google, Meta, Reddit, and TikTok (with additional channels such as Pinterest as they become available), and measures the results with first-party tracking. Adwave Digital Inc operates the media buying. You do not need, and do not receive, your own accounts with the underlying ad platforms unless we expressly provision a child account for your organization under our platform programs.

You can buy from us in two ways: as a business who runs your own campaigns, or as an agency who runs campaigns for clients under your brand. Those paths are billed differently. The sections below say which rules apply to which of you.

These terms are the contract for this Waverunner service, including partner hosts and branded agency hosts. They are not the terms for the legacy Adwave product at https://adwave.com.

When you submit a website URL on our marketing pages, we may analyze that public site before you create an account (see the privacy policy).

• Organization means a workspace in Waverunner: an Individual workspace, an agency, a client organization, or a direct business organization.
• Agency means a parent organization that runs advertising for clients under a license.
• Client organization (or client workspace) means an organization under an agency. It is not itself an agency.
• Direct business means an organization that buys from us for its own advertising, not as an agency client.
• You means the person who agrees to these terms and the organization they bind.
• Retained fees means amounts we keep as our compensation: agency license, generation unit charges, and any other fee that is not media or a third-party pass-through. Wallet deposits that fund media are not retained fees.

The service is for business use. You must be 18 or older. If you create or administer an organization, you represent that you have authority to bind that organization to these terms.

Accounts are created with a verified email address. Every account starts with an Individual workspace and may join or create additional organizations. You are responsible for activity under each organization you administer, including members you invite and API keys you create. Keep API keys secret; anything done with your key is attributed to the organization the key is scoped to.

Your Individual workspace, agency workspace, and client workspaces do not share businesses, campaigns, or wallets. Switching workspaces does not merge them. Leaving an agency does not move campaigns, ads, audiences, or tracking into your Individual workspace. Signing in on a branded agency host is still this service.

You must provide accurate information and be authorized to advertise the businesses you add.

For businesses who buy from us directly, you fund a prepaid wallet before campaigns run. There are no subscriptions and no minimum terms. Payments are processed by Stripe.

• Daily charges. A live campaign charges its daily budget from your wallet once per active day, billed in US Eastern time. That daily budget is all-in: creative, media, and measurement are included.
• Insufficient funds. If your wallet cannot cover a campaign’s day, the campaign pauses automatically. Balances never go negative except after a reversed payment, as described under Payments.
• Budget edits. Daily budgets are editable at any time; the change applies from the next daily charge with no proration.
• Auto-refill. Optional and off by default. By enabling auto-refill you authorize us to charge your saved payment method off-session for the amount you select, when your balance falls below the runway threshold shown in the product. Consecutive failures disable it automatically.

An agency is a parent organization with client organizations underneath it. Each client workspace holds that client's businesses, campaigns, ads, and reporting. Client workspaces do not share audiences or wallets with each other. Client organizations are not themselves agencies and cannot create further client organizations. Franchisees or similar advertised businesses you manage are client workspaces, not a second agency license.

Agencies pay a license. Ad creation is billed at the published unit prices on the pricing page, with no Adwave markup on those units. How media is billed depends on how you run each client: Managed or Self-serve. License and spend-band figures are those published on /agencies. Current self-serve licenses are Agency, Growth, and Scale. Enterprise and other custom licenses are by signed order. There is no setup fee. Annual licenses are ten months prepaid.

• Managed media. Media is pass-through at cost from the agency wallet. Each live Managed client campaign day debits that wallet at 100% of that day's budget. That daily budget is media at cost, not the direct-business all-in price. We do not collect media from that client. Campaigns pause if the wallet cannot cover the day. Spend bands describe the license; they never pause delivery. Two consecutive months over the band schedule an upgrade fourteen days after the second month closes. You may cancel that schedule only if spend in the following month is back under the band, and not more than once in any trailing twelve months.
• Self-serve media. The invited client pays prepaid retail into a wallet. The agency is merchant of record for those card charges once Stripe Connect can take card payments. The statement uses the agency brand, not ADWAVE. Open web and TV come from that wallet. When they pay Meta, Google, Reddit, or TikTok themselves, those invoices are from the network, not from us, and we do not take a cut of them. Each live Self-serve campaign day debits that client's wallet for the media we fulfill. You set the retail rate your Self-serve clients pay. You are responsible for what you tell them about that price. The product shows the client the amount we charge. Campaigns pause if that client wallet cannot cover the day.
• Self-serve remittance. The agency's share remits through Stripe Connect. Receiving remittances requires you to complete Stripe Connect onboarding and accept Stripe's Connected Account Agreement. We may hold remittance while onboarding or verification is incomplete.
• Self-serve clawback. Refunded, disputed, or reversed Self-serve charges reduce future remittances. If remittances are not enough to cover the reduction, you repay the difference.
• License status. License charges are billed by Stripe on the subscription, not withdrawn from the media wallet. If the subscription is not active, you cannot launch new campaigns, including Self-serve clients with a funded wallet. You may still add clients and drafts. Live Managed campaigns continue until the agency wallet cannot cover a day. Live Self-serve campaigns continue until that client's wallet cannot cover a day.
• Generation. Generation unit charges are billed to the agency at the published prices, separate from media. Failed generations are not billed. Landing pages and copy edits that do not create a new generation are included in the license. Agency workspaces do not receive the business starter credit. Optional auto-refill on the agency wallet works as described under Payments.
• Who pays. You are responsible for all fees we charge the agency, including license and creative generations, even if a client does not pay you. Managed media is paid by the agency. Self-serve wallet media is paid by the invited client on the agency's connected account. Social they pay on Meta, Google, Reddit, or TikTok is billed by those networks. Taxes are described under Payments.

Adwave Digital Inc remains merchant of record for card and bank payments you pay us (license and creative generation) and for direct businesses. Direct-business statements use the prefix ADWAVE. Self-serve client wallet top-ups charge on the agency's connected Stripe account so the card shows the agency brand. White-label chrome and mail may use your brand; they do not change who charges the card you pay us with.

Agency operators who sign in on waverunner.adwave.com see our product chrome. White-label is for your clients: the branded host, client login, client mail, and the app shell they use there. We grant you a limited, revocable license to display your name, logo, and colors on those surfaces, at the white-label depth of your license (co-brand on Agency; full white-label on Growth and Scale). On co-brand, clients use a Waverunner partner host and may see Powered by Waverunner. A hostname on your domain and mail from your domain are not included on co-brand. Full white-label may include your product name, logo, colors, a custom hostname you point at us, and mail sent from a domain you verify. You grant us a license to use that kit to operate the branded login, mail, and app shell. You are responsible for the DNS records we show you. Until those records verify, clients may use a Waverunner partner host, and mail may send from our notifications address using your product name. Signing in on a branded host is limited to that agency's client tree. White-label does not hide the advertised business on the ads. You may not represent yourself as Adwave Digital Inc or tell clients to contact us for product support. There is no public self-serve signup on a branded agency host. You create client workspaces and send invitations.

The license lets you use the service to plan, create, and run advertising for your clients (including franchisees or similar advertised businesses you manage), and to invite people at those clients. It is not a license to resell, sublicense, or rebrand the service as a competing self-serve advertising platform, or to grant another agency its own license under yours. API access (and related tools such as MCP) is included only when your license includes it, currently Scale.

You provide first-line support to your clients and to client users. We support the people who administer the agency organization. We do not load our in-product messenger on branded hosts.

Records in a client workspace are administered by the agency. How we process personal information in those workspaces is described under Client data processing. Invited client users do not take those records if their login is deleted. Tracking data collected on an advertised business's website is that advertiser's. When you close a client workspace, you may export the reports and cost data the product provides. We retain billing records as required by law. We will not use the names, emails, or campaign records in your client workspaces to solicit those clients to buy from us directly. That does not limit our public marketing or work with businesses who reach us on their own.

We may generate and host landing pages for a campaign. You are responsible for their offers and claims, and for any hostname you point at them.

Canceling the license stops new launches. You may still add clients. Live Managed campaigns continue until the agency wallet cannot cover a day. Live Self-serve campaigns continue until that client's wallet cannot cover a day. Self-serve client wallets stay with that client workspace. We do not convert a client workspace into a direct-business account. Retiring the branded hostname does not forfeit a client's unused balance. Unused wallet balance follows the close-account process. We may retire the branded hostname and mail sent from your domain after cancel. License fees already invoiced are not refunded except where the law requires it.

If you and we sign a separate license order, that order controls where it conflicts with these terms for the organizations it names. Price changes are described under Payments.

Client users are people an agency invites into a client workspace. That login is still Waverunner, operated by Adwave Digital Inc, even when the screen uses the agency's name and domain. By accepting an invite or signing in on a branded host you agree to these terms.

On a Managed workspace, client users see no wallet and pay nothing to us. The agency pays us for media. On a Self-serve workspace, client users fund their own wallet and pay us directly as described under Agencies. Other amounts you owe the agency, if any, stay between you and the agency. The roles and permissions described in the product control what a client user can do. Setup, creatives, launch, and archive stay with the agency unless the agency lets you operate the workspace yourself. Letting you operate a Managed workspace does not mean we collect media from you. Self-serve invitations present these terms for acceptance before the client funds a wallet.

Deleting your login does not delete the client organization, its campaigns, or its tracking data. The agency administers that workspace. Product support for your login goes to the agency, not to us.

When an agency runs campaigns for a business that does not create a Waverunner account, that business is not a party to these terms. The agency represents it is authorized to advertise that business, to install tracking, and to bind each advertised business to those policies of Meta, Google, Reddit, TikTok, and our other channel partners that apply to the ads. The agency will indemnify us if that is not true.

Ads must identify the advertised business. White-label of the software does not hide who is advertising.

Fees are exclusive of taxes. You are responsible for any taxes we are required to collect, except taxes on our net income.

Agency licenses billed by Stripe renew automatically until cancelled. Monthly licenses renew monthly. Annual licenses renew for successive annual terms at the then-current published price. Cancel from License in the product (takes effect at the end of the current term), or by emailing support@adwave.com before the renewal date. We email you before an annual license renews.

Material price changes take effect no sooner than 30 days after email notice for monthly licenses, and at the next renewal for annual licenses. Prepaid periods are not repriced. Direct-business generation unit prices follow the pricing page at the time of each batch.

By enabling auto-refill you authorize us to charge your saved payment method off-session for the amount you select, when your balance falls below the runway threshold shown in the product. Consecutive failures disable it automatically.

If a payment is reversed, including a card dispute, we may debit the relevant wallet even if that takes the balance below zero. We may pause campaigns and collect the shortfall. You remain responsible for the reversed amount and any fees we incur from the reversal.

Unused wallet balances remain yours until spent, refunded as described under Refunds, or closed. Balances in accounts inactive for an extended period are handled per the close-account process and applicable unclaimed-property law after we attempt contact.

• If a campaign launch fails completely, meaning no channel goes live on launch day, the full day's media charge is refunded to the paying wallet automatically. That wallet is the agency wallet for Managed media and the client wallet for Self-serve media.
• If channels under-deliver against the daily budget, the undelivered amount is credited back to that same paying wallet automatically. Self-serve under-delivery is credited at the retail price the client paid. You only pay for ads that actually ran.
• Partial launches (some channels live) are not refunded; the live channels continue to run.
• Agency license charges are Stripe subscription invoices, not wallet entries. Failed creative generations are not billed. Wallet balances fund media. Contact support@adwave.com about returning an unused media balance when closing an account.

For businesses who buy from us directly: analysis, persona generation, and copy edits are free. Campaign ads are included with the campaign. Optional upfront full sets, Ad Library extras, and Catalog Video are priced per unit as published on the pricing page and paid from the prepaid wallet; the exact price is shown before every billed batch, and failed paid renders refund their units automatically. New accounts may receive promotional starter credit applied to the wallet; it has no cash value, cannot be withdrawn or transferred, and unused amounts expire on the date shown in your wallet when you have not yet deposited.

Agencies pay the same published unit prices for generations we run, including the first sample, with no Adwave markup on those units. Landing pages and edits that do not create a new generation are included in the license. Catalog Video is billed as published on the pricing page. Agency workspaces do not receive the business starter credit. You may upload your own ads. Uploads that already fit a channel attach without a generation charge. Generations we run, including fills from an upload, are billed at those published unit prices.

All creation is subject to per-organization daily caps published on the pricing page. We may adjust prices and caps to prevent abuse; paid campaign delivery is never capped below what you have funded.

You agree not to use Waverunner to:

• Advertise unlawful products or services, or content you do not have the right to promote.
• Run deceptive, misleading, or discriminatory advertising.
• Violate the advertising policies of the channels your campaigns run on, or applicable law in the regions you target.
• Circumvent rate limits, probe the service’s security, or access another organization’s data.
• Advertise tobacco, adult, or cannabis products. Political and gambling ads may be limited to certain channels, or refused.

We may pause campaigns or suspend accounts that violate this section.

By using Waverunner you represent that you are authorized to advertise each business you add, that you own or have licensed the rights to the brands, products, offers, and creative materials you supply or approve, and that you have the legal right to use any customer lists or identity data you import for advertising. Agencies make that representation for every client business they add, including businesses that never log in.

You appoint Adwave Digital Inc as your agent to create, manage, and optimize ads, audiences, pixels or datasets, and conversion uploads on Meta, Google, Reddit, TikTok, and our DSP partners solely for your campaigns. We process platform data for a customer only for that customer's advertising in Waverunner, keep customers separate, and do not use one customer's Meta, Google, Reddit, or TikTok advertising data for another customer or for our own unrelated ads.

Your campaigns must comply with the advertising policies and product terms of every channel you use, including as applicable:

• Meta Advertising Standards, Self-Serve Ads Terms, Business Tools Terms, and Custom Audience Terms
• Google Ads policies and Google Ads API terms
• Reddit Ads policies and applicable Reddit developer terms
• TikTok Advertising Policies and applicable TikTok commercial terms
• Our TV / display DSP partner inventory and brand-safety rules

You are responsible for special ad categories (for example housing, employment, credit, or politics), restricted products, required disclosures, and landing-page compliance. If a platform asks us to pause, reject, or remove your ads or to terminate access for policy reasons, we may do so immediately and will notify you when practicable.

Audience sync is on by default. By keeping it on (or turning it back on after an opt-out) you attest that your website's privacy policy discloses audience building and any third-party tags you allow, and that you have the rights and any required consents for the customer data involved. Agencies attest that for each client site. Waverunner processes hashed identifiers (and, for TV household matching only, transiently encrypted IP addresses) solely to build and maintain your own organization's audiences, as described in the privacy policy. Turning sync off stops all uploads and propagates removals. See also Data deletion.

The underlying ad platforms review creatives against their own policies and may reject or remove an ad or restrict delivery. We surface these outcomes in the product but do not control them. Chat copy edits stay included. New ads and billed image or video regenerations use the published creation prices. Agency generations we re-run are billed at the published unit prices.

You are responsible for your ads, landing pages, offers, and claims. Agencies are also responsible for the ads and claims they run for clients, for client users they invite, and for hostnames they point at the service. You agree to defend and indemnify Adwave Digital Inc and its officers, employees, and agents against third-party claims, fines, and reasonable costs arising from your content, your targeting, your customer data, or your violation of these terms or an ad platform's policies, except to the extent caused by our willful misconduct.

If we seek indemnity, we will give prompt notice of the claim. You control the defense with counsel we reasonably approve. You may not settle a claim that imposes obligations on us or admits fault for us without our written consent.

• Your content. You retain all rights to your website content, brand assets, and other material you provide, and you grant us a license to use them to operate the service (analysis, creative generation, and campaign delivery).
• Generated creatives. Ads generated for a business may be used for that business, subject to license terms on any third-party assets embedded in a generation (stock, music, fonts, or similar), which we surface where they apply. We do not warrant that generated creative is non-infringing. You review and approve creative before launch, and approved creative is your content for purposes of the responsibility and indemnity sections. Generated ads stay with the workspace that generated them. In a client workspace the agency administers those records. You are responsible for ensuring you hold the rights to any material you supply, including ads you upload.
• Our platform. Waverunner’s software, models, and systems remain our property.

API access is provided under the published rate limits. Those published limits control. Keys are organization-scoped and must not be shared outside your organization. Direct businesses may not resell the service. A licensed agency may use the agency API to operate its client workspaces as described in Agencies when its license includes API access (currently Scale). That licensed use is not a resale of Waverunner itself, and it is not a license to offer Waverunner as a public API product to other agencies.

We may add, modify, or discontinue features, channels, and integrations. If a change materially reduces the entitlements of a paid license mid-term, we give notice to the agency operators before it takes effect. That notice does not require us to keep a channel or integration that a platform withdraws or that we cannot operate lawfully.

THE SERVICE IS PROVIDED "AS IS".

WE DO NOT WARRANT THAT GENERATED CREATIVE IS NON-INFRINGING. WE DO NOT GUARANTEE IMPRESSIONS, CLICKS, CONVERSIONS, OR RETURN ON AD SPEND. ESTIMATES IN THE PRODUCT ARE ESTIMATES, NOT COMMITMENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE RETAINED FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM, OR $100, WHICHEVER IS GREATER. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

The cap does not limit your payment obligations to us or your indemnity obligations. Retained fees are defined above and exclude media and third-party pass-through. You must bring any claim within one year after it accrues, or the claim is permanently barred.

You may stop using the service and close your account at any time; ending campaigns stops future media charges immediately. Agency license cancellation is described under Agencies, including retirement of a branded hostname and mail sent from your domain. We may suspend or terminate accounts, or pause campaigns, for material breach, nonpayment, security risk to the service or other customers, suspected fraud, and legal or platform compliance, with notice where practicable.

We may update these terms and will revise the Last updated date above. Material changes take effect no sooner than 30 days after we email notice. Continued use after the effective date is acceptance. Changes do not apply retroactively to a prepaid period. Changes to the disputes section do not apply to disputes that already arose. For an agency, that email goes to the agency operators.

Legal notices to Adwave Digital Inc must be sent by email to support@adwave.com or by mail to Adwave Digital Inc, c/o Incorporating Services, Ltd., 3500 South DuPont Highway, Dover, DE 19901. We send notices to you at your account email, and for an agency to the agency operators. Email notice is given when sent.

For personal data in client workspaces we act as the agency's service provider or processor. Our data processing addendum, available on request at support@adwave.com, applies. The agency is responsible for its instructions and for notices to its clients. Tracking data on an advertised business's website is described in the privacy policy.

These terms apply to Waverunner at waverunner.adwave.com, Waverunner partner hosts, and branded agency hosts. They do not govern the legacy Adwave product at https://adwave.com. If terms posted at https://adwave.com conflict with these terms for Waverunner, these terms control.

These terms, the prices published on /agencies and the pricing page, and any signed license order with us, are the agreement for the service. A signed order controls where it conflicts, for the organizations it names.

You may not assign these terms without our consent, except to a successor that assumes your obligations. They are not assignable, including by change of control, to an operator of a competing advertising platform without our written consent. We may assign them. Sections on payments, acceptable use, authority, indemnity, intellectual property, disclaimers, limitation of liability, disputes, and the scope-of-use restrictions in Agencies survive the end of the license.

No one other than you and us has rights under these terms. Client users, advertised businesses without a login, and franchisees are not third-party beneficiaries.

You represent that you are not on a denied-party list and will not use the service to target embargoed regions or otherwise violate applicable sanctions.

We are not liable for delay or failure caused by events beyond our reasonable control. If a court finds a provision unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.

These terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Disputes are resolved in the state or federal courts located in Delaware, USA. Any claim must be brought within one year of when it accrued.

YOU AND WE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.