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 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
• • License validation and update API — endpoints used by the plugin to confirm subscription status and deliver software updates
• • NextWave Cloud Hosting (optional) — managed WordPress hosting on Island Pitch infrastructure for Pipeline and Enterprise customers who do not wish to self-host

Deployment Models

The NextWave Platform is offered in two deployment models. Your contract scope, security obligations, and Island Pitch's role under data protection laws differ between them:

• • Self-Hosted Deployment. You install and operate the NextWave WordPress plugin on your own WordPress site, your own (or your contractor's) hosting infrastructure, and your own database. Member data, redemption records, and other content collected through the plugin are stored exclusively on your systems. Island Pitch acts only as software licensor and license-validation provider — we do not access, store, or process the member or end-user personal data your installation collects, except to the limited extent telemetry is enabled and you have provided required notices to your end users. You are the data controller with respect to all such data.
• • Cloud-Hosted Deployment. Island Pitch provisions and operates a WordPress instance on Amazon Web Services on your behalf, with the NextWave plugin pre-installed and updated. Island Pitch acts as your service provider and, where applicable, your data processor under the Data Processing Addendum. The Service Level Agreement applies to cloud-hosted deployments only.

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. Subject to your continued compliance with these Terms and payment of all fees, Island Pitch grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of your subscription to install, run, and use the NextWave WordPress plugin in object code form solely for your own internal business purposes. This license key:

• • Is personal to your account and may not be shared, sold, leased, sublicensed, or transferred without our prior written consent
• • Grants you the right to use the NextWave WordPress plugin on the number of WordPress 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, our Acceptable Use Policy, or fail to pay fees when due

You may not (and may not permit any third party to): (a) reverse engineer, decompile, or disassemble the plugin except to the limited extent expressly permitted by applicable law notwithstanding contractual prohibition; (b) remove, obscure, or alter any proprietary notices, license validation logic, or telemetry contained in the software; (c) use the plugin to develop a competing product; (d) use the plugin to provide membership management, NFC card management, or related services as a hosted service to third parties (i.e., no service-bureau or "white-label SaaS" use) except under a separate Reseller or OEM agreement signed by Island Pitch; or (e) use the plugin in violation of any applicable law or our Acceptable Use Policy.

The plugin's open-source components (e.g., GPL-licensed PHP files inherited from WordPress) remain subject to their original open-source licenses. The license terms in this section apply to Island Pitch's proprietary additions, branding, license-validation logic, configurations, and the NextWave service as a whole.

5a. Customer Data and Self-Hosted Responsibilities

Customer Data means all data, content, and information that you, your end users, or your members submit to, generate within, or store using the NextWave plugin or Services, including member records, tier definitions, benefit definitions, redemption history, NFC card identifiers, venue records, and uploaded media.

You retain all right, title, and interest in and to Customer Data. You grant Island Pitch a non-exclusive, worldwide, royalty-free license to access, host, copy, transmit, display, and process Customer Data solely as necessary to provide and improve the Services, enforce these Terms, and comply with law.

If you operate a Self-Hosted Deployment, you are solely responsible for: (i) selecting your hosting provider; (ii) configuring, securing, patching, and backing up your WordPress installation, web server, database, and operating system; (iii) the legal basis for collecting and processing member data, including obtaining all required consents and providing all required notices to your members and other end users; (iv) compliance with the GDPR, CCPA/CPRA, HIPAA (where applicable), PCI DSS, and any other laws or industry standards that apply to the data you collect; (v) responding to data-subject requests, regulatory inquiries, breach notification, and consumer complaints from your members; and (vi) any failures of, downtime of, or data loss from your hosting environment. Island Pitch has no operational access to, control over, or backup obligation for your self-hosted environment unless you have separately purchased a managed-services or support package.

If you operate a Cloud-Hosted Deployment, Island Pitch will provide the operational, security, and uptime commitments described in the Service Level Agreement and will process Customer Data as your processor under the Data Processing Addendum.

Telemetry. The plugin collects limited operational telemetry (plugin version, error events, anonymized feature usage, license-check pings) regardless of deployment model. Telemetry is used to validate licenses, deliver updates, and improve the plugin. Telemetry does not include member personal data, redemption details, or content. Aggregated telemetry data may be sent to PostHog (product analytics) and our error-monitoring providers as further described in our Privacy Policy. You may disable optional telemetry from the plugin's Settings > Privacy screen; license-validation pings cannot be disabled while a license is active.

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 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, service marks, or trade dress of Island Pitch LLC (collectively, the “Island Pitch Marks”):

• • NextWave and the NextWave Platform name and logo
• • “Do Cool Things the Right Way!”® — registered service mark of Island Pitch LLC
• • Island Pitch and associated logos
• • IP Bot character and related imagery
• • Other product, feature, and tagline names used on the Site or in the Plugin

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content from the Site or any Island Pitch Mark without prior written permission from Island Pitch LLC. Without limitation, you must not: (a) use any Island Pitch Mark in a manner that suggests sponsorship, endorsement, partnership, or affiliation with Island Pitch that does not in fact exist; (b) use any Island Pitch Mark, or any confusingly similar mark, as part of your own company name, product name, domain name, social-media handle, or trademark application; (c) modify, abbreviate, translate, animate, stylize, or otherwise alter any Island Pitch Mark; (d) use any Island Pitch Mark in connection with goods or services that are not authorized by Island Pitch; or (e) remove, obscure, or alter any trademark, copyright, or other proprietary notice on any Island Pitch material. Limited nominative fair use to factually identify our products or services is permitted, provided the use is truthful, non-misleading, does not imply endorsement, and includes the appropriate ® or ™ symbol on first use.

The “Do Cool Things the Right Way!®” mark is core to Island Pitch's brand and identity, and unauthorized use is taken seriously. Your subscription to the Services and license to use the Plugin do not grant any right to use the “Do Cool Things the Right Way!®” mark, the IP Bot character, or any other Island Pitch Mark, except for the limited nominative fair use described above. Any other use requires a written trademark license from Island Pitch.

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
• • PostHog, Inc.: Product analytics and behavioral telemetry — Terms · DPA

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 and Customer Responsibility

THE SITE, THE NEXTWAVE PLUGIN, AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ISLAND PITCH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM ISLAND PITCH OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

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.

You are solely responsible for: (a) the lawfulness of your collection, use, and processing of member and end-user data through the plugin or Services; (b) obtaining all consents and providing all notices required by applicable law before collecting NFC card identifiers, contact details, payment information, or any other personal data from your members; (c) the accuracy and lawfulness of any benefit, redemption, sweepstakes, drawing, raffle, or promotional rules you operate using the plugin (including any required state registrations or bonding); (d) compliance with all laws applicable to your industry, including but not limited to laws governing alcoholic beverages, gaming, charitable solicitation, healthcare, and consumer protection; (e) the security and configuration of any self-hosted environment; and (f) all use of your account, license keys, and API credentials. Island Pitch is not responsible for, and disclaims all liability arising from, how you choose to deploy, configure, customize, integrate, extend, or use the plugin or Services.

Without limitation, Island Pitch is not responsible for: data loss caused by your hosting provider or your operational practices; unauthorized access resulting from your failure to apply WordPress, theme, or plugin updates; the legality of any drawing, sweepstakes, or contest you operate; tax or regulatory consequences of benefit redemptions; the contents of any email or SMS you send through the plugin; or any third-party theme, plugin, or service you integrate with the NextWave plugin.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ISLAND PITCH LLC, ITS AFFILIATES, OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE PLUGIN, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ISLAND PITCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ISLAND PITCH'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE PLUGIN, OR THE SERVICES — WHETHER IN CONTRACT, TORT, OR OTHERWISE — WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00 USD) OR (B) THE TOTAL FEES YOU ACTUALLY PAID TO ISLAND PITCH FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE ACCOUNTS AND SELF-HOSTED FREE-TIER USERS, ISLAND PITCH'S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD).

The exclusions and limitations in this Section 11 apply regardless of deployment model and form an essential basis of the bargain between you and Island Pitch. They will apply even if any limited remedy in these Terms fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions our liability will be limited to the maximum extent permitted by law.

Self-Hosted Carve-Out. For Self-Hosted Deployments, Island Pitch's liability further excludes any damages arising from: (i) your hosting environment, including outages, data loss, or security incidents originating from your hosting provider or your configurations; (ii) third-party WordPress plugins, themes, or services you have installed; (iii) custom code, modifications, or integrations you or your contractors make to the plugin or your WordPress site; or (iv) your failure to apply security updates we have made available.

12. Indemnification

You agree to defend, indemnify, and hold harmless Island Pitch LLC, its affiliates, and its and their respective officers, directors, employees, contractors, and agents from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) Customer Data, including any claim that Customer Data infringes, misappropriates, or violates the rights of any third party or applicable law; (b) your use, configuration, customization, or integration of the plugin or Services; (c) your violation of these Terms, the Acceptable Use Policy, or applicable law; (d) any drawing, sweepstakes, contest, raffle, or promotion you operate using the plugin; (e) any breach of your representations regarding member consent or data collection; or (f) any incident affecting your self-hosted environment.

Island Pitch will give you prompt written notice of any claim subject to indemnification, allow you to control the defense and settlement of the claim (provided that any settlement requiring an admission or payment from Island Pitch requires Island Pitch's prior written consent), and reasonably cooperate at your expense.

13. Governing Law and Dispute Resolution

These Terms, and any dispute arising out of or related to these Terms, the Site, or the Services, are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal Resolution. Before filing a claim, you and Island Pitch agree to try in good faith to resolve any dispute by sending a written notice describing the dispute to legal@islandpitch.com and engaging in informal negotiation for at least sixty (60) days.

Binding Arbitration. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising out of or related to these Terms or the Services that is not resolved informally will be finally settled by binding arbitration administered by JAMS under its applicable rules then in effect. Arbitration will take place in Los Angeles County, California, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-Action Waiver. YOU AND ISLAND PITCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Time Limit. Any cause of action arising out of or related to these Terms or the Services must be commenced within one (1) year after the cause of action accrues, or be permanently barred.

14. Term, Suspension, and Termination

These Terms remain in effect while you have a NextWave account or are using the Services. Either party may terminate at any time as follows:

• • By you: Cancel your subscription via the Stripe Customer Portal. Cancellation takes effect at the end of the then-current billing period.
• • By Island Pitch for cause: We may suspend or terminate your access immediately and without refund if you (i) materially breach these Terms or our Acceptable Use Policy; (ii) fail to pay fees when due and remain in default for ten (10) days after notice; (iii) become insolvent or subject to bankruptcy proceedings; or (iv) engage in conduct that we reasonably determine creates legal, security, reputational, or operational risk to Island Pitch, our infrastructure providers, or other customers.
• • By Island Pitch for convenience: We may terminate a free or self-hosted account on thirty (30) days' written notice, and terminate any other paid subscription at the end of its then-current term on at least thirty (30) days' written notice.

Effect of Termination. Upon termination: (a) your right to use the plugin and Services immediately ceases; (b) your license key will be deactivated; (c) for cloud-hosted deployments, you will have thirty (30) days to export your Customer Data, after which we may delete it; (d) for self-hosted deployments, your local installation will continue to function in a degraded "expired" mode without updates, premium features, or license validation, and you must uninstall it within ninety (90) days of termination if requested in writing; and (e) Sections 5, 5a, 7, 8, 10, 11, 12, 13, and 16 will survive termination.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will provide notice by updating the "Last updated" date at the top of this page and, for paid subscribers, by email or in-product notification at least thirty (30) days before the change takes effect. Your continued use of the Services after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to cancel your subscription and stop using the Services before the effective date.

16. General Provisions

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable.

No Waiver. No failure or delay by either party in exercising any right under these Terms will operate as a waiver of that right.

Assignment. You may not assign these Terms without Island Pitch's prior written consent. Island Pitch may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Entire Agreement. These Terms, together with the Privacy Policy, the Acceptable Use Policy, the SaaS Subscription Agreement (for paid plans), the Service Level Agreement (for cloud-hosted deployments), the Data Processing Addendum (where applicable), and any signed order form or master services agreement, constitute the entire agreement between you and Island Pitch and supersede all prior agreements, communications, and understandings (whether written or oral) on the subject matter. In the event of a conflict, a signed order form or master services agreement controls over these Terms; otherwise these Terms control.

Force Majeure. Neither party will be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, governmental action, labor disputes, internet or telecommunications failures, or third-party infrastructure outages (including AWS or Stripe outages).

Export Compliance. You may not use, export, or re-export the plugin or Services in violation of U.S. export laws or to any country, person, or entity subject to U.S. economic sanctions.

U.S. Government End Users. The plugin and Services are "commercial items," "commercial computer software," and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 2.101. U.S. Government end users acquire only the rights set forth in these Terms.

Notice. We may give notice to you by email to the address associated with your account or by posting in the NextWave admin dashboard. You must give notice to us at legal@islandpitch.com.

17. Contact Us

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