Terms of Service

KolWavy Radio is a software platform that lets people launch, automate, white-label, and monetize their own internet radio stations. We provide the technology — broadcast infrastructure, a station console, scheduling, an AI Resident DJ, listener engagement tools, and white-label branding. We are not a broadcaster, a record label, a music licensing body, or a payment processor.

The Service operates on two distinct business layers, and it is important you understand both:

• Layer 1 — KolWavy Radio and you. We charge station owners a subscription or platform fee to access the Service and keep their station on air.
• Layer 2 — you and your listeners. As a station owner, you may charge your own listeners (for tips, memberships, subscriptions, or similar) using your own connected payment provider and your own payment credentials. KolWavy Radio never takes custody of, holds, or processes that money.

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use. You must provide accurate, current, and complete information and keep it up to date.

A "Station" is an internet radio station you create and operate using the Service. The account that creates a Station and is billed for it is the Station Owner. Owners may invite staff to help run a Station:

• Managers have full operational control of a Station (library, schedule, branding, moderation, and broadcasting) but cannot access billing or payment settings.
• DJs have on-air and broadcast capabilities (broadcasting, live mic, library, and scheduling).

The Station Owner remains responsible for everything done on their Station, including the acts and omissions of any staff they invite. Inviting a staff member does not transfer ownership, billing responsibility, or liability. Owners are responsible for promptly removing staff who should no longer have access.

Access to the Service requires an active paid plan unless otherwise stated. By subscribing, you authorize us (or our billing provider) to charge the applicable recurring fees, taxes, and any overage charges to your payment method until you cancel.

• Fees are billed in advance on a recurring basis (e.g., monthly or annually) and are non-refundable except where required by law or expressly stated.
• We may change pricing on a prospective basis with reasonable notice; changes take effect on your next billing cycle.
• If a payment fails, we may suspend or take your Station off air until amounts due are paid.
• You are responsible for all applicable taxes other than taxes based on our net income.

You can cancel at any time from your account. Cancellation stops future renewals; it does not retroactively refund the current period, and your Station may go offline at the end of the paid period.

If you choose to monetize your listeners, you connect your own third-party payment provider using your own credentials. You acknowledge and agree that:

• KolWavy Radio is not a party to, and is not responsible for, transactions between you and your listeners.
• You are solely responsible for your relationship with, and compliance with the terms of, your payment provider.
• You are solely responsible for fulfilling whatever you sell, for refunds, chargebacks, disputes, taxes, and consumer-protection obligations toward your listeners.
• You must keep your payment credentials secure and accurate. We store provider secrets you supply only to operate your Station's checkout, and we never use them for our own benefit.

"Your Content" means everything you upload, stream, schedule, broadcast, or otherwise make available through your Station — audio files, recordings, live microphone input, artwork, station names, branding, and metadata.

You are solely responsible for obtaining and maintaining all rights, licenses, and permissions necessary to broadcast Your Content, including any sound-recording, musical-composition, performance, and statutory or blanket licenses required in every territory where your Station is available (for example, from rights organizations, labels, publishers, or collecting societies). KolWavy Radio does not provide music licenses and does not grant you any rights in any third-party music or content.

You retain ownership of Your Content. You grant KolWavy Radio a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, transcode, cache, and display Your Content solely as necessary to operate and provide the Service (including delivering your stream to your listeners and powering features you enable).

The Service includes AI-powered features, including the AI Resident DJ that can generate spoken segments, intros, listener shoutouts, and similar output ("AI Output"). AI Output is generated automatically and may be inaccurate, inappropriate, or unexpected. You are responsible for configuring, reviewing, and moderating AI features for your Station, and for ensuring AI Output complies with these Terms, the Acceptable Use Policy, and applicable law. Do not rely on AI Output for legal, financial, medical, or other professional advice.

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violations may result in content removal, suspension, or termination. You are responsible for all activity on your Station, including content broadcast by your staff and your listeners.

The Service supports white-labeling so your Station can carry your own brand. Subject to your plan, you may remove or minimize KolWavy Radio branding on your listener-facing pages. You may not misrepresent your relationship with KolWavy Radio, claim to be KolWavy Radio, or use our name, logos, or trademarks except as expressly permitted. We retain all rights in the KolWavy Radio name, marks, and the underlying platform.

The Service, including all software, designs, text, graphics, and the look and feel (excluding Your Content), is owned by KolWavy Radio or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service in accordance with these Terms. You may not copy, modify, reverse engineer, resell, or create derivative works of the Service except as permitted by law.

You may stop using the Service and close your account at any time. We may suspend or terminate your access, remove content, or take a Station offline if: (a) you breach these Terms or our policies; (b) your use poses a security, legal, or operational risk; (c) payment is overdue; or (d) we are required to do so by law.

Where practical and lawful, we will provide notice. Upon termination, your right to use the Service ends and we may delete Your Content and account data after a reasonable period, subject to legal retention requirements. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, and indemnification) will survive.

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any uptime target will be met. Any uptime figures we publish are goals, not guarantees.

To the maximum extent permitted by law, KolWavy Radio and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of (a) the amounts you paid to KolWavy Radio for the Service in the twelve (12) months before the event giving rise to the claim, or (b) USD 100.

You agree to defend, indemnify, and hold harmless KolWavy Radio and its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your or your staff's use of the Service; (c) your monetization of, and transactions with, your listeners; (d) your failure to obtain required music or content licenses; or (e) your violation of these Terms, our policies, or applicable law.

We may modify the Service and these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last updated" date or by notifying you in the dashboard). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the jurisdiction in which KolWavy Radio is established, without regard to conflict-of-laws rules. You agree to resolve disputes in the courts of that jurisdiction, except where applicable law gives you the right to bring proceedings elsewhere. Nothing in these Terms limits consumer-protection rights that cannot be waived under applicable law.

These Terms, together with the policies referenced in them, are the entire agreement between you and KolWavy Radio regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? Contact our legal team at legal@kolwavy.com.