Legal

End User License Agreement

Last updated: January 18, 2026

This Wavedash End User License Agreement ("EULA") is a binding agreement between you, the end user ("you") and Snowday Software, Inc. ("Wavedash"). This EULA, along with our Website Terms of Use at https://wavedash.com/terms, governs your use of the Wavedash site at https://wavedash.com and the related software applications you license from Wavedash, (including all related documentation and services provided by Wavedash, the "Materials"). The Materials are licensed, not sold, to you.

Please read this EULA carefully before using the Materials. BY CLICKING THE "AGREE" BUTTON OR BY USING THE MATERIALS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND THE TERMS OF USE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND MAY LEGALLY TRANSACT WITH A UNITED STATES CORPORATION; AND (C) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE MATERIALS.

THIS EULA INCLUDES LIMITATIONS OF WARRANTIES AND LIABILITY WHICH IMPACT YOUR LEGAL RIGHTS. YOU SHOULD REVIEW THIS EULA CAREFULLY AND CONSULT WITH A LAWYER BEFORE YOU AGREE TO THESE TERMS.

  1. License Grant

Subject to the terms of this EULA, Wavedash grants you a limited, revocable, non-perpetual, non-exclusive, non-sublicensable, and non-transferable license to download, install, and use the Materials for your personal, non-commercial use on any number of computing devices owned or otherwise controlled by you, which is under your custody and control and which meets the specifications referred to in any manual for your own private and domestic use only. Each license may be used in only a single

concurrent session, meaning that you will not be able to share licenses with others; further, multiplayer requires that each player hold a valid license.

All rights not expressly granted under this EULA are, to the maximum extent permitted by law, reserved by Wavedash and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.

The Materials are provided under license, and not sold, to you. You do not acquire any ownership interest in the Materials under this EULA, or any other rights thereto other than to use the Materials in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this EULA. Wavedash and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Materials, including all copyrights, trademarks, and other intellectual property and proprietary rights to the Materials, except as expressly granted to you in this EULA.

Wavedash may provide mechanisms to gift licenses to certain Materials. You may purchase and gift licenses in accordance with Wavedash-approved mechanisms, but may not otherwise transfer, assign, or share licenses to the Materials with any third person.

2. Restrictions

Except as may be expressly permitted by applicable law, you are not permitted to:

  • (a) copy the Materials, except as expressly permitted by this EULA;

  • (b) infringe Wavedash's or any third party's intellectual property or other proprietary rights;

  • (c) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Materials;

  • (d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Materials or any part thereof;

  • (e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Materials, including any copies;

  • (f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Materials, or any features or functionality of the Materials, to any third party for any reason, including by making the Materials available on a network where it is capable of being accessed by more than one device at any time in violation of Wavedash's policies;

  • (g) use any robot, spider, or other automatic device, process, or means to access the Materials for any purpose, including monitoring or copying any of the material on the Materials;

  • (h) use any manual process to monitor or copy any of the Materials, or for any other purpose not expressly authorized in this EULA, without Wavedash's prior written consent;

  • (i) frame, mirror, or otherwise incorporate the Materials or any portion of the Materials as part of any other mobile application, website, or service;

  • (j) use the Materials in any manner that could disable, overburden, damage, or impair the Materials or interfere with any other party's use of the Materials; or

  • (k) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Materials.

3. Privacy Policy

Your use of the Materials, including the Wavedash site, is subject to Wavedash's Privacy Policy located at https://wavedash.com/privacy.

4. Updates

Wavedash may, in its sole discretion, develop and provide updates to the Materials, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also

modify or delete in their entirety certain features and functionality. You agree that Wavedash has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

You will promptly download and install all Updates and acknowledge that the Materials or portions thereof may not properly operate should you fail to do so. All Updates are part of the Materials and are subject to all terms and conditions of this EULA.

5. Disclaimer of Warranties

THE MATERIALS ARE PROVIDED TO YOU "AS-IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WAVEDASH, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WAVEDASH AND ITS AFFILIATES, AND ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, WILL NOT HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF THE MATERIALS FOR PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING INTANGIBLE PROPERTY), LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

WAVEDASH'S MAXIMUM AGGREGATE LIABILITY TO YOU IS LIMITED TO DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE IN AN AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE MATERIALS.

THE LIMITATIONS UNDER THIS SECTION 9 APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WAVEDASH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

7. Indemnity

You agree to indemnify, defend and hold harmless Wavedash, its partners, affiliates, contractors, licensors, officers, directors, employee and agents from all third-party claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your acts of omissions in connection with using the Materials or any breach by you of the terms of this EULA.

8. Governing Law and Venue

Any claims arising out of or relating to this EULA will be governed by the substantive and procedural laws of the state of Washington, without regard to principles of conflict laws. You submit to venue and exclusive personal jurisdiction in the federal and state courts in San Francisco, California or King County, Washington for any dispute arising under or related to this EULA.

9. Injunction

Because Wavedash would be irreparably damaged if the terms of this EULA were not specifically enforced, you agree that Wavedash is entitled, without bond or other security or proof of damages, to take such action as may be required, including without limitation seeking an injunction and other equitable remedies, in addition to any other remedies available to Wavedash under law.

10.Termination

Without prejudice to any other rights, Wavedash may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. If Wavedash terminates this EULA, you must destroy all copies of the Materials and all of the software component parts including any Materials stored on the hard disk of any computer.

You may also terminate the EULA at any time by destroying the Materials as installed on your device and uninstalling it from your hard drive or other applicable hardware. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and Wavedash's proprietary rights, choice of law and jurisdiction, indemnity and Section 11 (Miscellaneous) survive termination of this EULA.

11.Miscellaneous

If any provision of this EULA is held invalid, illegal or unenforceable, such invalidity, illegality, or unenforceability will not affect any other provision of this EULA, and you and

Wavedash will use best efforts to substitute a provision of similar economic intent and effect. This EULA constitutes the complete and final agreement of you and Wavedash pertaining to the subject matter of this EULA and supersedes any prior or contemporaneous agreements, understandings, and discussions relating thereto. This EULA may be modified by Wavedash at any time by publishing an updated copy on its website or by otherwise communicating such changes to you in writing, but if Wavedash makes material changes to the EULA, you will be notified via email at least 30 days in advance; in all cases, continued use of the Materials constitutes acceptance of modifications. No waiver of any provision of this EULA will be deemed, or will constitute, a waiver of any other provision, unless in a writing signing by the waiving party.

Any notices related to this EULA should be sent to Wavedash as follows:

Snowday Software, Inc.

Attention: Legal

2261 Market Street STE 85387 San Francisco, CA 94114.

With a copy to: legal@wavedash.com

12.Additional Terms

The following sets out additional terms and conditions that apply to certain activities or use of Materials.

12.1 Payment Terms

This Payment Terms section applies when you pay for Materials. When you place an order to Wavedash using the Wavedash site, your order is an offer to buy, under this EULA, all products and services listed in your order. All orders must be accepted by Wavedash, or Wavedash will not be obligated to sell the products or services to you. Wavedash may choose not to accept orders at its sole discretion, even after Wavedash sends you a confirmation email with your order number and details of the items you have ordered.

  • 12.1.1 All prices, discounts, and promotions posted on the Wavedash site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and your order confirmation email. Wavedash strives to display accurate price information, however, Wavedash may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Wavedash reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such errors, inaccuracies, or omissions.

  • 12.1.2 Wavedash may offer, from time to time, promotions on the site that may affect pricing and that are governed by terms and conditions separate from this EULA. If there is a conflict between the terms for a promotion and this EULA, the promotion terms will govern.

  • 12.1.3 Terms of payment are within Wavedash's sole discretion and, unless otherwise agreed by Wavedash in writing, payment must be received by Wavedash before Wavedash accepts an order. Wavedash accepts the payment methods shown on the site for all purchases. You represent and warrant that (i) the credit card information you supply to Wavedash is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the site at the time of your order.

  • 12.1.4 Except as required by law, all sales are final, provided that Wavedash, in its sole discretion, may–but is not required to–refund or cancel certain purchases, for example, in the event of accidental duplicate purchases, unauthorized purchases, or for material failure of the Materials to function as intended. Nothing in this EULA will limit any statutory rights; however, for purposes of the UCC, you acknowledge and agree that the Materials are not "goods" for any purpose.

  • 12.1.5 You represent and warrant that you are buying products or services from Wavedash for your own personal or household use only, and not for resale or export.

12.2 United States Law

If you acquired the Materials in the United States of America, you will not export or re-export the Materials except as authorized and permitted by the laws of the United States of America and the laws of your jurisdiction.