Terms of Use

1. Your Acceptance

By using and/or visiting this website, you signify your assent of both these terms and conditions (the “Terms of Service”) and the terms and conditions of WaveSecure’s Privacy Policy, which can viewed These Terms of Use govern your (the "User" or "You") use of the WaveSecure Web Site (the "Web Site") provided by tenCube Pte Ltd. (the "Company").

These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. If you do not agree to any of these terms, then please do not use the WaveSecure Website. These Terms and Conditions were last updated: 1st May 2007.

2. WaveSecure Website

These Terms of Service apply to all users of the WaveSecure Website, including users who browse, sign up, upload data or perform any action on the Website. The WaveSecure Website may contain links to third party websites that are not owned or controlled by tenCube. tenCube has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, tenCube will not and cannot censor or edit the content of any third-party site. By using the WaveSecure Website, you expressly relieve tenCube from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the WaveSecure Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Website Access

tenCube hereby grants you a nonexclusive, nontransferable, limited, and revocable right to use the Website as set forth in this Terms of Service, provided that:

  • (i) your use of the Website as permitted is solely for your personal, noncommercial use;
  • (ii) you will not copy or distribute any part of the Website in any medium without tenCube's prior written authorization;
  • (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
  • (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

In order to use WaveSecure, you will have to create an account on the website. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify tenCube immediately of any breach of security or unauthorized use of your account. Although tenCube will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of tenCube or others due to such unauthorized use.

WaveSecure is for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use or access of your account by you and others. You are solely responsible for the Content you store, make available or retrieve from your account and from all public folders. You are responsible for keeping your password confidential. You may not submit or transmit through WaveSecure any Content, material, or otherwise engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • violates the privacy of another;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including our company and our employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • violates this Agreement, guidelines or any policy posted on WaveSecure; or
  • interferes with the use of WaveSecure by others.

You may not

  • use WaveSecure in any way that may damage, disable, overburden, or impair our servers or networks;
  • use WaveSecure services to attempt to exploit a minor (under 18 years) old or solicit personal information from a minor;
  • try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
  • use WaveSecure or communication tools provided by us to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages); or
  • harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.

We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement, including without limitation, immediate termination of your account or access to WaveSecure Account & Service if we believe in our discretion you are violating this Agreement.

4. Software and Service License

A. Right to Use. Subject to the terms and conditions of this Agreement, tenCube grants You a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the WaveSecure Software to access and use the Service for use on your computing and communications devices only for the purposes as suggested on the Website. You agree that You will not reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Software. You further agree as a condition of this license to comply with our rules and policies on the use of the Service which we may

  • (I) link to the Software;
  • (II) publish within the tenCube websites, at www.tenCube.com and/or www.WaveSecure.com; or
  • (III) otherwise notify you of from time to time in any other manner.

B. Installation. You may install the Software on any number of your personal electronic devices for use in accordance with Section 4(A) above. The Service may automatically update, upgrade or repair itself when you attempt to synchronize your data, and you agree not to interfere with or prevent such activities. If in the alternative, we provide You with instructions to install such updates, upgrades or repairs yourself, you agree to follow those instructions that accompany such delivery and install such updates, upgrades and repairs promptly. All such updates, upgrades or repairs to the Software shall become part of the Software for the purposes of this Agreement.

C. Ownership of Software and Services. tenCube shall retain sole and exclusive ownership of all right, title and interest in and to the WaveSecure Software and Services. All rights not expressly granted hereunder are reserved by tenCube. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Software or Services or any portion thereof, including without limitation any content other than your personal digital content displayed in connection with the Services.

5. Use of SMS & GPRS on your device

WaveSecure runs in the background and intercepts special messages sent by the server to your mobile phone. We use SMS and GPRS to communicate with our servers, in the following cases:

  • When you request for a backup of your data, WaveSecure establishes a GPRS connection to transfer this data from your phone to our servers. We will always ask you before we establish a GPRS connection. For a richer experience, you can choose to always allow WaveSecure to establish a GPRS connection to back up your data.
  • Every time you switch on the phone, the SIM number in the phone is sent to the server via a GPRS connection. We do this to ensure that we can always maintain connectivity with the device to send instructions (lock, backup, wipe etc) regardless of which SIM card is inserted. Again, we will always prompt you when we need to establish a GPRS connection. You can choose to always allow WaveSecure to establish a GPRS connection to send the SIM card number to our servers.

You can disable these alerts whenever you want. You can also disable auto-backup from the website if you want to stop backing up your data.

6. Equipment for Software & Service

You must provide at your own expense a compatible mobile device, a GSM mobile connection (supporting SMS and data connection), computer, Internet access, compatible software and compatible equipment to access and use WaveSecure. You must ensure that you meet the system requirements that we will disclose to you when you sign up for WaveSecure. You may need to obtain updates or upgrades from time to time in order to continue using WaveSecure. We may modify system requirements or the Software at any time.

WE MAKE NO WARRANTY THAT ANY PARTICULAR MOBILE DEVICE, COMPUTER OR ANY OTHER DEVICE WILL BE COMPATIBLE OR FUNCTION WITH THE WAVESECURE SOFTWARE AND SERVICE. We may modify the system requirements for WaveSecure at any time.

7. General Operating Rules

You agree that we may in our complete discretion establish general operating practices to maximize the operation and availability of WaveSecure service for the greatest benefit of our users and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network or storage resources and to take such technical and other remedies we deem appropriate to prevent abuses. Your consumption of WaveSecure services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of WaveSecure's customers generally. In the event you are deemed to have violated this policy, we reserve the right in our discretion to arrange a custom pricing plan that will permit you to continue to use WaveSecure. Please note, incidents of violation of this policy have been infrequent among WaveSecure users; however, we retain the right to terminate or suspend your account without prior notice in the event of a violation of these terms.

You acknowledge that tenCube may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that content will be retained by tenCube and the maximum size of any content that may be sent from or received by Your WaveSecure Account.

8. Intellectual Property

When You upload any information, text, files, links, images, or other materials ("Content" or “Data”) to your WaveSecure account of the Site, You represent and warrant to us that

  • (I) You are the rightful owner of the Content You are synchronizing,
  • (II) You have obtained all rights necessary to upload the Content to tenCube's servers, and for tenCube to restore the Content back to the devices You have included in your Account and grant the rights set forth below,
  • (III) neither the Content nor the use of such Content in the Service infringes or violates the rights of third parties or any applicable laws.
You acknowledge and agree that tenCube will have no obligation to enforce, defend or otherwise protect Your rights in uploaded Content and You release tenCube and any of its affiliates (and our respective officers, directors, agents, subsidiaries and employees) from and against any and all claims, demands, losses, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Content or disputes with third parties regarding your rights in or to the Content. You further acknowledge and agree that You may be held legally liable for the Content You post on the Site (e.g., if the material You upload infringes someone else's intellectual property rights or defames someone or violates their rights of privacy).

9. Termination of Service

tenCube may terminate this Agreement immediately, for any reason or no reason in its sole discretion without liability to You or any third party upon notice to You, which notice will be deemed to be delivered if sent to the e-mail address You provided to us during your registration, as updated by You in our records. You may close Your WaveSecure Account and end your use of the Service at any time, for any reason or no reason by giving notice provided that you may not receive a refund for any fees which You may have paid in advance. Upon termination of your account, You shall remain liable for all fees incurred or accrued by You. Upon expiration or termination for any reason, You are no longer authorized to use the Service or Software. When this Agreement is terminated and/or Your Account is canceled, You will no longer have access to data, messages, files and other material You have stored on the Site and that material may be deleted by tenCube. The following sections of this Agreement shall survive expiration or termination of the Agreement: 4(C), 8,

10. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of WaveSecure and for any violation by you of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Limitation of Liability

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH THE TENCUBE IS TO DISCONTINUE YOUR USE OF WAVESECURE OR TO CANCEL ANY SUBSCRIPTION THAT YOU MAY HAVE WITH US. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF WAVESECURE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE SHALL NOT BE LIABLE FOR LOSS OF CONTENT THAT YOU STORE WITH WAVESECURE. WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING WITHOUT LIMITATION, ACTIONS OF THIRD PARTIES OR NATURAL DISASTERS.

THE SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF WAVESECURE AND ITS SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

12. Your Representation

You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use WaveSecure only for lawful purposes, that you are providing complete and accurate information about yourself when you register with us, that you will keep your registration information current, and that you will not violate the terms of this Agreement.

Additionally, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the WaveSecure Website is not intended for children under 13.

13. Force Majeure

tenCube Pte Ltd will not be liable for delays in its performance of the TOU or WaveSecure services caused by circumstances beyond tenCube’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). tenCube will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.

14. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by tenCube without restriction.

15. Miscellaneous

Any controversy or claim arising out of or relating to this Agreement, the Site or our Services shall be governed by the laws of the Singapore without reference to conflict of laws/principles and without regard to the U.N. Convention on the International Sales of Goods. If you are a resident of Singapore, the parties agree to submit to the jurisdiction of the courts of Singapore with respect to any dispute, claim or controversy arising out of or relating to the Agreement, whether based on contract, tort, or any other legal theory. If You are not a resident of Singapore, any dispute, claim or controversy arising out of or related to this Agreement, whether based on contract, tort, or any other legal theory, shall be finally settled by binding arbitration under the then-current rules of the Singapore International Arbitration Centre by a panel of arbitrators appointed in accordance with those rules. The arbitration shall be held in Singapore. The award by the arbitrators shall be deemed to be made in Singapore. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. If any provision of this Agreement is held by an arbitrator or arbitrators of competent jurisdiction to be contrary to law, then such provision(s) shall be construed as nearly as possible to reflect the intentions of the parties with the other provisions remaining in full force and effect.