Terms of Service

These Terms of Service ("Terms") govern your access to and use of nextwave.ing (the "Site"), the NextWave Platform services including account creation, subscription billing, and the NextWave WordPress plugin (collectively, the "Services"), operated by Island Pitch Design LLC ("Island Pitch," "we," "us," or "our"). By accessing the Site or using the Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing this Site or creating an account, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and that you agree to these Terms and our Privacy Policy. If you do not agree, please do not use the Site or Services.

2. Description of the Services

The Services include:

• • The Site — a marketing website providing information about the NextWave Platform's features, pricing, and availability
• • Account creation and management — user registration, authentication, and profile management via AWS Cognito
• • Subscription billing — paid plan subscriptions (Surf and Pipeline tiers) processed through Stripe
• • License key provisioning — generation and delivery of license keys for the NextWave WordPress plugin
• • The NextWave WordPress plugin — downloadable software for membership management, subject to the license terms associated with your subscription plan

3. Account Registration

To access certain features of the Services, you must create an account. By creating an account, you agree to:

• • Provide accurate, complete, and current information during registration
• • Maintain the security and confidentiality of your password
• • Accept responsibility for all activity that occurs under your account
• • Notify us immediately if you suspect unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Subscription Plans and Billing

Plans

The NextWave Platform offers the following subscription tiers:

• • Free — $0, limited features, no payment required
• • Surf — $99/month or $990/year
• • Pipeline — $299/month or $2,990/year

Pricing is subject to change. Any price changes will apply to billing cycles that begin after the change is announced. We will provide at least 30 days' notice before price changes take effect for existing subscribers.

Billing

• • Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected billing cycle.
• • Payment is processed by Stripe, Inc. Your payment card details are collected directly by Stripe. We never receive or store your full card number.
• • Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
• • If a payment fails, your account status will be changed to "past due." We may attempt to retry the charge. If payment is not resolved, your subscription may be canceled.

Cancellation

• • You may cancel your subscription at any time through the Stripe Customer Portal, accessible from your account dashboard.
• • When you cancel, your subscription remains active until the end of the current billing period. You will not be charged for subsequent periods.
• • Upon cancellation, your account will be downgraded to the Free plan. Your data will be retained but feature access will be limited to Free plan capabilities.

Refunds

We generally do not provide refunds for subscription fees already paid. However, if you believe you have been charged in error or have extenuating circumstances, please contact us at billing@islandpitch.com and we will review your request on a case-by-case basis.

Upgrades and Downgrades

• • You may upgrade your plan at any time. When upgrading, your new subscription begins immediately and the previous subscription is canceled.
• • Downgrades take effect at the end of the current billing period.

5. License Keys and Plugin Usage

Upon subscribing to a paid plan (or creating a free account), you will receive a NextWave license key. This license key:

• • Is personal to your account and may not be shared, sold, or transferred
• • Grants you the right to use the NextWave WordPress plugin on the number of sites permitted by your plan
• • Remains valid only while your subscription is active (or for Free plan features, while your account exists)
• • May be revoked if you violate these Terms

6. Early Access Registration

If you submitted our early access form (prior to full account registration), you:

• • Consented to Island Pitch storing and processing the information you provided, as described in our Privacy Policy
• • Agreed to receive emails about the NextWave Platform, including product updates and launch announcements
• • Acknowledged that early access registration does not guarantee access to the product or any specific features, pricing, or availability
• • May unsubscribe from communications at any time using the link in any email

7. Intellectual Property

All content on the Site — including text, graphics, logos, the IP Bot character, images, animations, design elements, and software — is the property of Island Pitch Design LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The following are registered or pending trademarks of Island Pitch Design LLC:

• • NextWave and the NextWave Platform name
• • "Do Cool Things the Right Way!®"
• • Island Pitch Design and associated logos
• • IP Bot character and related imagery

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from the Site without prior written permission from Island Pitch Design LLC.

8. Acceptable Use

You agree not to:

• • Use the Site for any unlawful purpose or in violation of these Terms
• • Submit false, misleading, or fraudulent information through any form
• • Attempt to gain unauthorized access to any part of the Site, its servers, or any connected systems
• • Interfere with or disrupt the Site's operation, including through automated scraping, crawling beyond what robots.txt permits, or denial-of-service attacks
• • Reverse engineer, decompile, or disassemble any part of the Site
• • Use the Site to transmit spam, malware, or other harmful content

9. Third-Party Services

The Services integrate with third-party services to provide functionality. Your use of these services is subject to their respective terms:

• • Stripe, Inc.: Payment processing and subscription billing — Consumer Terms
• • Amazon Web Services: Authentication (Cognito), hosting, and infrastructure — Service Terms
• • HubSpot: CRM, form submissions, and email marketing — Terms of Service
• • Google Analytics: Site analytics (subject to your cookie consent) — Terms of Service
• • Google Fonts: Typography — Terms of Service

The Site may contain links to external websites. We are not responsible for the content, privacy practices, or terms of any third-party websites.

10. Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Pricing, features, and availability described on the Site are subject to change without notice. While we strive to keep information accurate, we do not warrant that the Site content is complete, reliable, or error-free.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ISLAND PITCH DESIGN LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless Island Pitch Design LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Site or Services, or your violation of these Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Site shall be resolved in the state or federal courts located in Los Angeles County, California.

14. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the "Last updated" date at the top of this page. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Contact Us

If you have questions about these Terms, contact us at: