Terms of Service

Notice. This document is a public-facing summary and agreement covering general access to the Wavestar Platform. It is not legal advice and does not create a lawyer–client relationship. Clearing Members are separately bound by the Clearing Member Agreement and the Rulebook, which prevail in the event of conflict.

\u00a7 1. Definitions

Capitalised terms used in these Terms have the meanings given below. Terms defined in the Rulebook have the same meaning here unless expressly restated.

• Wavestar, we, us, or our means Wavestar Holdings LLC, a Wyoming limited liability company, together with its subsidiaries and affiliates.
• Platform means the Wavestar clearing, settlement, registry, and attestation services, comprising the ORCH clearing engine, the Wavestar Terminal, the Wavestar Market, the Attest observer network, and the shared did:orbit registry, together with the websites, APIs, SDKs, and documentation through which they are made available.
• User means any natural person or entity that accesses or uses the Platform, including Members, Observers, Operators, and public visitors.
• Clearing Member or Member means a person admitted to the Platform under the Clearing Member Agreement.
• Content means any data, text, software, graphics, or other material made available on or through the Platform.
• Rulebook means the Wavestar Clearing Rulebook as amended from time to time and published on wavestar.space.

\u00a7 2. Acceptance and Eligibility

By accessing the Platform you agree to these Terms, our Privacy Policy, and our Cookies Policy. You must be at least 18 years of age, of legal capacity in your jurisdiction, and not subject to any sanctions list administered by the United States, the European Union, or the United Nations. Access from jurisdictions where clearing, settlement, or brokerage services are prohibited is not authorised.

\u00a7 3. The Services

The Platform is made available as a series of layered services. Access to informational surfaces (public website, protocol documentation, whitepapers) is open. Access to interactive services (Terminal, Market, Attest observer nodes, ORCH clearing) requires registration and, for regulated activities, admission under the Clearing Member Agreement.

Wavestar may modify, suspend, or discontinue any element of the Platform at any time. For Clearing Members, changes that affect cleared contracts are governed exclusively by the Rulebook amendment procedure.

\u00a7 4. Accounts, Authentication, and Security

You are responsible for safeguarding credentials and private keys associated with your account or decentralised identifier (did:orbit:). You must not share credentials, permit unauthorised access, or attempt to circumvent authentication mechanisms. You must notify us without undue delay at security@wavestar.space upon suspicion of compromise. Key rotation procedures are set out in the Rulebook for Members and in the did:orbit specification for all Users.

\u00a7 5. Acceptable Use

You agree that you will not:

• submit false, misleading, or manipulated attestation data, or enter transactions designed to mislead the market or to manipulate the price of any cleared resource;
• probe, scan, or test the vulnerability of the Platform outside the scope of our Responsible Disclosure programme;
• use automated systems to access the Platform in a manner inconsistent with rate limits published in the API Reference;
• use the Platform for any unlawful activity, including money laundering, terrorist financing, tax evasion, or the evasion of ITU or FCC spectrum coordination requirements;
• resell, sublicence, or make the Platform available to third parties without written authorisation.

\u00a7 6. Fees

Fees are published on the Fee Schedule. Fees for Clearing Members are also set out in the Rulebook and, where a Member has bespoke commercial terms, in a Schedule to the Clearing Member Agreement. All fees are exclusive of applicable taxes, which are the responsibility of the User unless law requires otherwise.

\u00a7 7. Intellectual Property

The Platform, including its software, protocols, brand marks, and content, is the property of Wavestar or its licensors and is protected by United States and international intellectual property laws. Open-source components of the Platform are released under Apache 2.0 and identified in NOTICE. The closed-source components — principally the clearing engine and the enterprise tier — are proprietary.

You retain ownership of data you submit. You grant Wavestar a worldwide, non-exclusive, royalty-free licence to process that data to the extent necessary to operate the Platform, to comply with law, and to produce anonymised aggregate analytics.

\u00a7 8. Confidentiality

Each party will protect the other’s confidential information with at least the standard of care it applies to its own confidential information of like sensitivity, and in any event no less than a reasonable standard. Confidential information does not include information that is public, independently developed, rightfully received from a third party without restriction, or required to be disclosed by law or regulator request.

\u00a7 9. Warranty Disclaimer

Except as expressly stated in a written agreement executed by Wavestar, the Platform is provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation. Nothing in this clause excludes liability that cannot be excluded under applicable law.

\u00a7 10. Limitation of Liability

To the maximum extent permitted by law, in no event will Wavestar be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising from or relating to your use of the Platform, even if Wavestar has been advised of the possibility of such damages. Wavestar’s aggregate liability for direct damages will not exceed the greater of (i) the fees paid by the User to Wavestar in the twelve months preceding the claim and (ii) one hundred United States dollars (USD 100). Liability for clearing losses is governed exclusively by the Rulebook.

\u00a7 11. Indemnification

You will defend, indemnify, and hold harmless Wavestar, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claim arising from your breach of these Terms, your violation of law, or your infringement of intellectual property or privacy rights. Wavestar will give you prompt notice of any such claim, permit you to control the defence (subject to our right to participate with counsel of our choice), and reasonably cooperate at your expense.

\u00a7 12. Suspension and Termination

Wavestar may suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably determine that continued access would create risk to the Platform, to other Users, or to Wavestar, or would contravene law or regulator direction. Clearing Member suspension, expulsion, and default management are governed by the Rulebook.

\u00a7 13. Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

\u00a7 14. Arbitration

Except as set out in the Dispute Resolution policy, any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of the arbitration will be Cheyenne, Wyoming. The language of the arbitration will be English. Judgment on the award may be entered by any court of competent jurisdiction.

\u00a7 15. Changes to these Terms

Wavestar may update these Terms from time to time. Material changes will be notified by prominent notice on wavestar.space and, for Clearing Members, by written notice to the Member’s authorised contact. Continued use of the Platform after the effective date of an update constitutes acceptance.

\u00a7 16. Miscellaneous

If any provision of these Terms is held unenforceable, the remainder will continue in full force and effect. No waiver of any breach is a waiver of any subsequent breach. These Terms, together with the documents referenced here, constitute the entire agreement between you and Wavestar concerning the Platform. You may not assign these Terms without our prior written consent; Wavestar may assign these Terms to an affiliate or successor in connection with a reorganisation, merger, or sale.