Terms of Service

1. Acceptance

By creating an account or using WaveSurge, you agree to these terms. If you do not agree, do not use the service.

2. The service

WaveSurge provides AI-driven creator-marketing operations: discovery, outreach, negotiation, contracts, briefs, and analytics. WaveSurge also takes payment from you and sends payments to creators, on the terms in sections 5 to 9. We do not do that as your agent, your trustee, or a neutral intermediary: we take the money as our own and owe you the terms below. Sections 5, 6 and 9 explain what that does and does not mean.

Your agreement with a creator is between you and that creator. WaveSurge is not a party to it. That agreement is where the creator's entitlement to be paid comes from; what WaveSurge does with the money is governed by these terms.

3. Your account

You are responsible for the activity on your account, the security of your sign-in credentials, and the accuracy of the brand information you provide. You agree not to impersonate creators, brands, or other users.

You can invite teammates to a campaign as managers or viewers. What each role can do is shown in the product. Notably, no one on your side — including you — can record an incoming payment as received; see section 5.

4. Credits

Credits are prepaid platform usage. They pay for the work the platform does: discovery runs, AI drafting, sending, analysis, and the service fee on campaigns you launch. Credits stay valid for one month from the date you buy them. This applies to credits bought on or after August 11, 2026. Credits bought between August 10 and August 11, 2026 keep the 24-month validity they were sold with, and credits bought before August 10, 2026 keep the unlimited validity they were sold with.

Credits are not money held for you and are not refundable for cash, except where the law requires it. Credits can never be paid out to a creator, and a creator's fee can never be funded out of credits — the two are deliberately kept separate.

5. Money you send us for a creator

In whose name it is received and held. When you fund a creator deal, you send money to a bank account held in WaveSurge's own name. You are not opening an account with us. The money is not held in escrow: escrow means a neutral third party holding under an escrow agreement, and WaveSurge does not have that structure. We are the counterparty, and we hold the money as our own.

It is not segregated. Money you send us for a creator is not held in a separate client-money account, a trust account, or a safeguarding account. It arrives alongside WaveSurge's own operating funds and is commingled with them. Nothing in our systems separates it, reserves it, or restricts what it can be spent on — there is no safeguarding mechanism in the product, because there is no separate account for one to point at. We keep a ledger of what we have recorded as received from you and what we have released to creators, and you can see that ledger on your campaign page — but it is a record of amounts, not a claim on a specific pot of cash. Section 9 explains what that means if things go wrong.

What the figures on your campaign page mean. We show you three numbers: wired in, released, and available. Wired in is what we have recorded as received from you for that campaign. Released is what we have paid out to creators on it. Available is the first minus the second. All three are derived from entries our staff type in by hand; there is no bank feed behind them that could contradict them. Available is not a balance you can draw on at will — it is the ceiling on what we will release for that campaign. WaveSurge is not licensed to operate customer balances and does not offer one.

How we record that your money arrived. For a bank transfer, a member of WaveSurge staff records it by hand against your bank reference, because the transfer happens outside the product; that reference is the only thing tying the ledger entry to the real transaction. Where you pay a creator's contract through a payment page we generate, a card or PayPal payment is reconciled from the provider, and a bank payment is still confirmed by hand. Only WaveSurge staff can record or confirm an incoming payment — your own team cannot, because an entry saying money arrived is what unlocks payments to creators, and only the party holding the bank statement can honestly attest to it. Entries are append-only: a mistake is corrected by a further entry, never by deleting one.

How you may fund a creator deal. We ask for a creator's fee by a method the sender cannot later reverse — bank wire, PayNow, a push credit transfer, or stablecoin — and a payment recorded from a reversible source does not count toward what we are willing to release. Credits are the other thing you can buy by card or PayPal, and they are never used to pay a creator. But we should be straight about one thing: the payment page we generate for a creator's contract can still offer a card or PayPal option. Money paid that way can be charged back after we have already sent the creator their milestone, and there is no reverse rail to recover it from the creator, so the loss sits with us and with your campaign's available balance. A wire is the method we want.

6. When money is released to a creator

Money you have sent us for a creator's fee is released against the milestone schedule frozen into that creator's contract. The campaign Rule assigns a percentage to Sign, Draft Accepted, and Publish, and the three percentages must total 100%. The Rule also sets a publication hold from 24 through 168 hours. The default is 30% Sign, 0% Draft Accepted, and 70% Publish for 48 hours.

Each milestone is named for the delivery event that unlocks it. Once money reaches a creator's bank or wallet there is no practical way to recover it:

• Sign unlocks when the creator submits the first draft;
• Draft Accepted unlocks when the creator submits the finished video, or when the preceding draft remains unreviewed for 24 hours and is deemed accepted under the contract;
• Publish unlocks after the contract's configured 24–168 hour hold following confirmed publication.

Unlocking is not paying. An unlocked milestone is one we are willing to release; someone still has to trigger the release. Our automated go-live check covers TikTok only, so on other platforms the confirmation is recorded by hand. Anyone holding owner or manager access to the campaign — which includes people on your own team — can also override a milestone condition and unlock it early, for example to unblock a creator whose delivery can be verified but the automated check cannot. Each override requires a written reason and a link to evidence, and is recorded against the deal with who made it.

Who can cause money to move. Every milestone requires a separate release confirmation from a named owner or manager on your campaign. A stage event, a 24-hour deemed acceptance, an AI action, a timer, WaveSurge staff, or a WaveSurge administrator cannot substitute for that confirmation. Once an authorized member of your team confirms the exact milestone amount, the transfer is handed to the payment provider without a second WaveSurge approval.

What we do control is the ceiling and the conditions. On a deal whose signed contract sets out the conditions above, we will not release a milestone before its condition is met or overridden, and we will not release more for a campaign than our ledger records as received from you — a limit enforced in the database, not only in the interface. A deal signed under an earlier contract that did not set out those conditions is not gated in this way, and for those the release needs only the click.

Nothing starts a payment on its own. No schedule, timer, or AI decides to pay a creator; our reminder job only sends notifications. But once a release is triggered, the transfer is handed to a payment provider by an automated job — no person carries it out, and there is no further human approval between the click and the provider. Separately, some payments are made outside the product: WaveSurge staff send a bank transfer and then record it. A record of that kind can be entered by you or by a campaign manager as well, and entering one moves no money — it only writes down that money was already sent.

7. Refunds and money returned to you

What you can ask for. You can ask us to return money you have sent us that we have not released to a creator. Email [email protected] from the address on your account and tell us the campaign and the amount.

There is no refund button. The product cannot send money back to you. It has no refund function, no stored destination for your money, and no connection to a payment rail that pays a brand — a return is a bank transfer a person at WaveSurge makes from our own banking, which we then write into your campaign ledger as an amount and a reference. So a refund depends on us doing it, not on software executing it. The one thing that can reverse without us is a card or PayPal payment your own bank or PayPal claws back; that is a chargeback, not a refund by us.

Where it goes. Our policy is to return it to the account it came from. We will not send it to a different account, a different bank, or a different party, however the request is framed. Be clear about what that promise rests on: it is a rule our staff apply by hand, not something the product enforces — the ledger entry records only an amount and a reference, and has no destination field for anything to check.

What you cannot get back. Money already released to a creator is gone. There is no reverse rail once a payment has left for a creator's bank or wallet, and the obligation to deliver is the creator's to you under their contract, not ours. If you believe a creator has not performed, that is a claim against the creator; we will give you the records we have about the deal, the deliverables, and the payment.

How long it takes, and who decides. We will tell you within 5 business days whether we agree the amount, and aim to send agreed funds within 10 business days of that. Only WaveSurge staff can record a return, and nobody on your campaign team can enter one.

Credits are not refundable for cash except where the law requires it. Our full refund policy is available on request.

8. Fees, currency conversion, and provider charges

What WaveSurge charges. We charge for the platform in credits, including a service fee calculated on the value of the creator deals you launch. The rate is shown to you before you launch. The amount we ask you to send for a creator's fee is the creator's contracted fee — we do not add a margin on top of that transfer, and any service fee is charged separately and visibly rather than taken out of the creator's money.

Getting money to us. If your bank or an intermediary bank deducts a charge in transit, less arrives than the contracted fee. That shortfall is yours: we will ask you for the remainder, and we will not release a creator payment against a contract that is not funded in full. We may instead decide, case by case, to absorb a small difference; when we do, we record that we did.

Getting money to the creator. The creator's fee is set in US dollars. If the creator receives it in a local currency, the conversion is done by our payment provider at that provider's published rate. WaveSurge adds no foreign-exchange markup. Charges applied on the receiving side by the creator's own bank or local rail are borne by the creator. Where the creator's contract names the settlement rail, it carries that same sentence; on an older contract that names no rail, the wording differs and this section governs.

9. If WaveSurge stops operating

Because money you send us is received into an account in WaveSurge's own name, commingled with our operating funds, and is not segregated, held on trust, or safeguarded, it forms part of WaveSurge's general assets. If WaveSurge became insolvent, money you had sent us and we had not released to a creator would not be ring-fenced for you. You would rank as an unsecured creditor for that amount alongside our other creditors, and you might recover part of it, or none of it.

There is no insurance policy, bond, guarantee, or third-party trustee standing behind these funds. We would rather say this plainly than let the words on a dashboard imply otherwise.

Two practical consequences. Send money for a creator deal close to when it is needed rather than parking a large amount with us in advance. And if this risk is not acceptable to you, tell us before you fund a deal so we can agree something different in writing.

10. Creator outreach & consent

You confirm that you have a legitimate business reason to contact each creator and that your outreach complies with the platform's terms of service and applicable advertising laws (including FTC #ad disclosure in the US, ASA in the UK).

11. AI-generated content

WaveSurge surfaces AI-drafted DMs, briefs, contract drafts, and reply suggestions. You are responsible for reviewing every message before it is sent and for the final content of any campaign that goes live. AI does not confirm a milestone, approve a payment, or move money.

12. Service availability

WaveSurge is provided "as is" without warranty. We may suspend or terminate accounts that violate these terms, abuse the platform, or expose us to legal risk. Suspending an account does not extinguish our obligation to return money you have sent us that we have not released to a creator.

13. Liability

Nothing in these terms limits our liability for fraud, for wilful misconduct, or for anything that cannot lawfully be limited.

Subject to that, and to the maximum extent permitted by law:

• we are not liable for indirect or consequential loss, or for loss of profit, revenue, or goodwill;
• we are not liable for a creator's performance, a creator's content, or a dispute between you and a creator — those obligations are between you and the creator under their contract; and
• our total liability to you for everything else is capped at the greater of (a) the fees you paid WaveSurge in the 12 months before the claim, and (b) the money you have sent us that, at the time of the claim, we have not released to a creator or returned to you.

Limb (b) is deliberate. A cap measured only by our own fees would be close to nothing for a brand with tens of thousands of dollars in flight, which is precisely the situation where the loss would be that money.

14. Changes

We may update these terms. We will notify customers by email before material changes take effect. Changes to sections 5 to 9 are always material.

15. Contact

Questions, including anything about money we hold: [email protected].