Welcome to WAKU, a product of Polyverse Entertainment Inc. ("Polyverse", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of the WAKU mobile application and any related services we offer through it (together, the "App"). For details on how we handle your personal information, see our Privacy Policy.
By downloading, installing, or using WAKU, you accept these Terms and agree to be bound by them. If you don't agree with any part of these Terms, please don't use the App.
You need to be at least 13 years old to use WAKU. If you're 13 or older but haven't yet reached the age of digital consent in your country, a parent or legal guardian must review these Terms and agree to them on your behalf. If you're using WAKU on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.
We may update these Terms from time to time. When we do, we'll change the "Last Updated" date at the top of this page, and where appropriate we'll also let you know through the App or by email. If you keep using WAKU after the updated Terms take effect, that means you accept them.
We may change, suspend, or shut down all or part of WAKU at any time, with or without notice. We don't promise that the App or any of its features will always be available or work without interruption, and we're not liable if they aren't.
Some features of WAKU require an account. When you set one up, you agree to give us accurate, complete, and up-to-date information, and to keep it that way. You're responsible for safeguarding your login credentials and for everything that happens under your account. If you ever suspect someone has accessed your account without permission, let us know right away.
WAKU uses artificial intelligence to generate creative material ("AI Outputs") in response to the prompts and other inputs you provide. By using these features, you understand and agree that:
WAKU is built on AI systems that learn from how content is created and experienced on the platform. You agree that the interaction and gameplay session data, the replayable session records, and the content screen snapshots described in our Privacy Policy may be used to improve the service and to train the AI systems that power features such as content recommendation and AI-assisted creation, subject to the retention and deletion commitments in the Privacy Policy.
Replayable session records let us re-run a content session inside our own systems in order to rebuild what you experienced. By using WAKU you agree to this collection and use. It is covered by your acceptance of these Terms and the Privacy Policy rather than by separate per-channel switches in the app; if you do not agree, stop using WAKU and delete your account in the App's settings.
WAKU itself — including the underlying software, source code, models, data, design, interface elements, branding, and the organization and arrangement of its content — belongs to Polyverse or to its licensors, and is protected by copyright, trademark, patent, and other intellectual property laws.
So long as you comply with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to use WAKU for your own non-commercial use.
You keep ownership of the prompts, comments, materials, and other content you submit to WAKU (collectively, "User Content").
By submitting User Content, you grant Polyverse a perpetual, worldwide, royalty-free, non-exclusive, and sublicensable license to use, reproduce, modify, publish, display, distribute, and otherwise exploit that User Content for the purposes of operating, marketing, and improving WAKU. This includes the right to showcase AI Outputs you've created in promotional and marketing material to demonstrate what the App can do.
When you choose to publish a creation in WAKU, it becomes visible to the wider WAKU community. Other users may view it, interact with it, and — using our remixing tools — build on it to create derivative works. By publishing your creation, you allow other users to remix it on the condition that you receive credit as the original creator. You retain ownership of your underlying work.
You agree not to do any of the following, and not to help anyone else do them:
We may review, monitor, and remove User Content or published creations we judge to be in breach of these Terms or otherwise objectionable, at our discretion and without notice. We use a mix of automated systems and human review to do this. Depending on the severity of the violation, consequences can include content removal, temporary suspension, permanent account termination, or a full ban from WAKU.
You can delete your account at any time from the App's settings. When you do, we'll handle your personal data in line with our Privacy Policy and applicable law.
When you remove a piece of User Content (a creation, an AI Output, or a comment), it disappears from public view immediately and becomes inaccessible to other users. Copies may stay in our backup systems for a limited period — long enough to meet our legal obligations, prevent fraud, protect platform security, and support any ongoing investigations — after which they are permanently deleted.
We also reserve the right to suspend or terminate your account at any time, without notice, if we determine that your conduct breaches these Terms, harms other users or Polyverse, or otherwise makes continued access inappropriate.
These Terms are an agreement between you and Polyverse only. Apple Inc. is not a party to these Terms and has no responsibility for WAKU or its content. Your use of WAKU also has to comply with Apple's then-current App Store Terms of Service. Apple has no obligation to provide maintenance or support for WAKU.
These Terms are an agreement between you and Polyverse only. Google LLC is not a party to these Terms and has no responsibility for WAKU or its content. Your use of WAKU also has to comply with Google Play's then-current Terms of Service. Google has no obligation to provide maintenance or support for WAKU.
WAKU IS PROVIDED "AS IS" AND "AS AVAILABLE." YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, POLYVERSE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY — INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT WAKU WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POLYVERSE, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POLYVERSE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID POLYVERSE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Polyverse, its affiliates, and their respective directors, officers, employees, agents, contractors, licensors, and suppliers from and against any claims, liabilities, damages, awards, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms or your use of WAKU.
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS — PLEASE READ IT CAREFULLY.
These Terms, and your use of WAKU, are governed by the laws of the State of New York, United States, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute, claim, or controversy arising out of or relating to these Terms or to your relationship with Polyverse and its affiliates (each, a "Dispute") will be resolved through final and binding individual arbitration rather than in court. Before starting arbitration, you and Polyverse agree to attempt in good faith to settle the Dispute through informal negotiation for at least 30 days. If the Dispute isn't resolved within that period, it will be submitted to JAMS for arbitration under the then-current JAMS Comprehensive Arbitration Rules. The arbitration will be conducted by a single arbitrator mutually selected by the parties, in English, and seated in New York, New York, USA. The arbitrator's award will be final and binding.
Any arbitration or other proceeding will be limited to the individual Dispute between you and Polyverse. To the fullest extent permitted by law: (i) no Dispute will be joined with any other; (ii) no Dispute will be arbitrated or resolved on a class, collective, or representative basis; and (iii) no claim will be brought on behalf of the general public or any other person.
If we don't enforce a provision of these Terms on a particular occasion, that doesn't mean we've waived our right to enforce it later or to enforce any other provision. If a court finds any part of these Terms unenforceable, that part will be modified to the minimum extent necessary to make it enforceable, or removed if necessary; the rest of the Terms will continue in full effect.
These Terms, together with our Privacy Policy, are the entire agreement between you and Polyverse about WAKU, and replace any earlier understandings or communications — written or oral — about the App.
All notices must be in writing.
(1) We may send you notice (i) within the App, or (ii) by email to the address associated with your account. A notice we send is deemed given on (i) the date we post it in the App, (ii) the date you receive it by email, or (iii) the date it's sent by courier if delivered physically.
(2) You may send notice to Polyverse by (i) email to waku-support@global.polyversestudio.com, or (ii) personal delivery, overnight courier, or certified mail to: Polyverse Entertainment Inc., 200 Continental Drive, Suite 401, Newark, DE 19713, USA.
These Terms are effective as of the date listed at the top of this page and apply to all users of WAKU.