Terms of Service

Please read these terms and conditions carefully before using Blackwave's services.

Last Updated: November 1, 2023

1. Introduction

Welcome to Blackwave ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at blackwave.tech and our lead generation services (together or individually "Service") operated by Blackwave.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Definitions

Throughout these Terms, we may use certain terms with specific meanings:

  • "Client" or "You" refers to the individual or entity that has registered to use our Services.
  • "Lead" refers to a potential customer or business opportunity identified through our Services.
  • "Qualified Lead" refers to a Lead that has demonstrated genuine interest in your products or services by responding to our outreach efforts.
  • "Platform" refers to our proprietary technology and systems used to deliver the Services.
  • "Content" refers to information, data, text, graphics, messages, or any other materials submitted to or through the Service.

3. Account Registration

To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use a strong password (using a combination of upper and lower case letters, numbers, and symbols) with your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Services

Blackwave provides AI-powered lead generation services that help businesses find, engage, and convert high-quality leads. Our specific services include:

  • AI-powered lead identification and targeting
  • Multi-channel lead engagement
  • Lead qualification and verification
  • Analytics and reporting
  • CRM integration

The specific services provided to you will be outlined in your service agreement or order form. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice to you.

Blackwave does not guarantee specific results from the use of our Services. While we strive to provide high-quality leads, the conversion of these leads into customers depends on many factors outside our control, including your sales process, product quality, pricing, and market conditions.

5. Payment Terms

Blackwave operates on a performance-based pricing model where you pay for qualified leads that have demonstrated genuine interest in your products or services. The price per lead varies based on the advertising channels used, with rates typically ranging from $40 to $60 per qualified lead.

Payment terms are as follows:

  • Invoices are generated on a monthly basis for qualified leads delivered during the previous month.
  • Payment is due within 30 days of the invoice date.
  • Accepted payment methods include credit card, ACH transfer, and wire transfer.
  • Late payments may incur a fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.

You agree to provide accurate billing information and to promptly update any changes to this information. If you dispute any charges, you must notify us within 15 days of the invoice date.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Blackwave and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Blackwave.

You acknowledge that:

  • All intellectual property rights in the Platform and Services belong to us or our licensors.
  • You have no rights in or to the Platform or Services other than the right to use them in accordance with these Terms.
  • You will not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Platform or Services.

7. User Content

Our Service may allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting User Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that:

  • The User Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms.
  • The posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

8. Prohibited Activities

You agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service.

Prohibited activities include, but are not limited to:

  • Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
  • Harassing, threatening, or intimidating any person or entity.
  • Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
  • Interfering with or disrupting the Service or servers or networks connected to the Service.
  • Attempting to gain unauthorized access to any portion of the Service or any other accounts, computer systems, or networks connected to the Service.
  • Using the Service to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation.
  • Using the Service to collect or store personal data about other users without their express permission.
  • Using the leads provided by Blackwave for any illegal, unethical, or deceptive purposes.

9. Privacy Policy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the Service, you consent to the collection, use, and disclosure of information as described in our Privacy Policy.

10. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Limitation of Liability

In no event shall Blackwave, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service; and
  • Unauthorized access, use, or alteration of your transmissions or content.

To the maximum extent permitted by applicable law, Blackwave's total liability to you for any damages shall not exceed the amount paid by you to Blackwave during the six (6) month period prior to the date the claim arose.

12. Indemnification

You agree to defend, indemnify, and hold harmless Blackwave and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

  • Your use and access of the Service;
  • Your violation of any term of these Terms;
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right; or
  • Any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Service.

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

15. Contact Information

If you have any questions about these Terms, please contact us:

  • By email: [email protected]
  • By phone: +1 6167997578
  • By mail: 904 Cactus Ln, Edinburg, TX 78541-0000