Terms of Service

These Terms govern your use of WaveDrop, the email outreach service for musicians available at wavedrop.ch and osquare.wavedrop.ch. By creating an account you accept these Terms, our Privacy Policy and our Data Processing Addendum.

1. Who we are

WaveDrop is operated by O'SQUARE, a music collective based in Bern, Switzerland, organized as a simple partnership and represented by Benyer Marc Reber, Bächtelenweg 3, 3084 Wabern, Switzerland, hello@wavedrop.ch ("WaveDrop", "we", "us").

2. The service

WaveDrop lets you manage contacts, packs (for example sample packs, beats or demos) and email templates and send personal emails with your packs from your own Gmail or Google Workspace account, manually or on a schedule. WaveDrop also shows send history, click statistics on pack links and handles unsubscribes. We may improve, change or remove features over time. During the pilot phase the service is still being developed and may contain errors.

3. Your account

• You must be at least 18 years old and use WaveDrop for your work as a musician, producer or music business.
• You sign in with a Google account and allow WaveDrop to send emails on your behalf. You are responsible for that Google account, its security and its compliance with Google's terms.
• Keep your account to yourself. You are responsible for all activity in it.
• Tell us at once at hello@wavedrop.ch if you suspect unauthorized access.

4. Pilot, trial and plans

• Pilot (beta): WaveDrop is currently in a pilot phase. Pilot users get free access for two months from the day their pilot account is activated. No payment method is needed. Features can still change and the service may contain errors.
• After the pilot: At the end of the pilot we offer pilot users a paid subscription at a special pilot price. You decide freely whether to continue. Nothing is charged unless you actively subscribe. If you do not continue, your access ends and you can delete your account at any time.
• Pilot price: The pilot price applies as long as your subscription stays active without interruption and WaveDrop offers the service. It does not transfer to another person or account.
• Trial: After the pilot, new accounts get a free trial of 30 days. No payment method is needed. When the trial ends, sending stops until you choose a paid plan.
• Limits: Each plan includes a number of emails per rolling 30-day period, shown in the app. Sends above the limit are skipped. We also apply rate limits against abuse.
• Prices: Prices are shown in the app before you buy. We may change prices for future billing periods with at least 30 days notice. You can cancel before the new price applies.

5. Payment

Nothing is charged during the free pilot. Paid plans are sold through our reseller and merchant of record, Lemon Squeezy, which processes payments, issues invoices and handles taxes. Lemon Squeezy's buyer terms apply to the purchase. Subscriptions renew automatically each billing period until canceled.

6. Cancellation

You can cancel anytime in Settings. Your plan stays active until the end of the paid period, then it ends. Payments already made are not refunded unless the law requires it. You can delete your account at any time; this permanently deletes your data as described in the Privacy Policy.

7. Acceptable use and anti spam rules

You are the sender of every email you send with WaveDrop. You must comply with all laws that apply to you and your recipients, in particular the Swiss Unfair Competition Act (UWG), data protection law and anti spam laws such as the EU ePrivacy rules and the US CAN-SPAM Act. In particular you agree:

1. to email only people who have agreed to receive your emails or where the law otherwise allows it (for example an existing business relationship), and to be able to show this on request;
2. not to buy, rent, scrape or harvest email addresses;
3. to identify yourself truthfully as the sender and not to use misleading subject lines;
4. not to remove or hide the unsubscribe link and to respect every opt out;
5. to send only content you own or have the right to use, including all samples, loops, beats and artwork in your packs and links;
6. not to send content that is illegal, hateful, harassing, sexually explicit, deceptive, contains malware or phishing, or infringes anyone's rights;
7. not to use WaveDrop to promote anything other than your own music and music related work;
8. not to bypass sending limits, use several accounts to increase limits, reverse engineer, overload or attack the service;
9. to follow the Google Terms of Service and the Gmail Program Policies.

Google may limit or suspend your Gmail account if it sees your emails as spam. Keep your lists clean and your volumes reasonable. WaveDrop is not responsible for actions Google takes against your account.

8. Your content

You keep all rights to your contacts, packs, files and templates ("your content"). You give us a non-exclusive, worldwide, royalty-free license to store, process and send your content only as needed to provide WaveDrop to you. This license ends when you delete your content or account.

You confirm that you have all rights needed for your content and that using it with WaveDrop does not infringe the rights of others.

Copyright complaints: If you believe content sent or stored through WaveDrop infringes your rights, write to hello@wavedrop.ch with the details. We will review the notice promptly and may block the content or account.

9. Data protection

We process personal data as described in our Privacy Policy. For the personal data of your contacts, you are the controller and WaveDrop acts as your processor under our Data Processing Addendum, which forms part of these Terms.

10. Suspension and termination

We may suspend or close your account, with notice where reasonable, if you breach these Terms, especially section 7, if your use puts the service, other users or our Google access at risk, or if the law requires it. In serious cases we may act immediately. We may end the service as a whole with at least 60 days notice and will refund prepaid fees for the unused period.

11. Availability

We work hard to keep WaveDrop running, but we do not guarantee that it will be available at all times or free of errors. Maintenance, failures of providers such as Google or our host, and events outside our control may cause interruptions or delayed or missed sends.

12. Liability

To the extent permitted by law:

• We are liable without limitation for damage caused intentionally or by gross negligence.
• For other damage, our total liability is limited to the fees you paid to us in the 12 months before the event, and for free use to CHF 100.
• We are not liable for indirect or consequential damage, lost profit, lost deals or opportunities, missed or delayed emails, or for actions of Google, email providers or recipients, including the suspension of your Gmail account.
• We are not liable for your content or for emails you send.

Mandatory rights under consumer protection law remain unaffected.

13. Indemnity

You will indemnify us against claims by third parties, including recipients, rights holders and authorities, that arise from your content, your emails or your breach of these Terms, including reasonable legal costs.

14. Changes to these Terms

We may change these Terms. We will inform you of material changes by email or in the app at least 30 days before they take effect. If you keep using WaveDrop after that date, the new Terms apply. If you do not agree, you can cancel before then.

15. Law and jurisdiction

These Terms are governed by Swiss law, excluding the UN Convention on the International Sale of Goods. Courts in Bern, Switzerland have exclusive jurisdiction, unless mandatory law gives consumers the right to sue at their place of residence.

If any part of these Terms is invalid, the rest remains valid. The English version of these Terms is binding.