TERMS AND CONDITIONS
8th Wave Marketing
Effective Date: June 27, 2026
These Terms and Conditions ("Terms") govern your use of the website, products, and services provided by 8th Wave Marketing ("8th Wave," "we," "us," or "our"), a sole proprietorship owned and operated by Annie Goth, located at 1039 NW Hwy 101 #23, Lincoln City, OR 97367. By accessing our website, purchasing our services, or otherwise engaging with us, you agree to these Terms.
1. Services
8th Wave Marketing is a full-service AI marketing agency. Our services include an AI voice receptionist, a conversation AI, an all-in-one customer relationship management and marketing platform with automations, customer support, and coaching and training. Specific services, features, and deliverables depend on the plan you select and any separate written agreement between you and 8th Wave.
2. Plans, Fees, and Billing
Our services are offered on monthly subscription plans, each with its own monthly service fee and one-time setup fee as described at the time of purchase. Setup fees and the first month's service fee are due before we begin building your account.
Subscriptions renew automatically each month until cancelled. By providing a payment method, you authorize us and our payment processor to charge the recurring monthly fee and any applicable setup fees to that method. You are responsible for keeping your payment information current. Fees are stated in U.S. dollars and may be subject to applicable taxes.
We may change our pricing for future billing periods. We will give you reasonable notice of any price change before it takes effect.
3. Refunds
You may request a refund of your first month's service fee within 30 days of your service start date if you are not satisfied with our services. Approved refunds apply only to the first month's service fee.
The setup fee is non-refundable. The setup fee covers the time, labor, and resources we spend before your service goes live: building and configuring your account, integrating your tools, setting up your platform, and onboarding your business into our system. This work is performed and delivered regardless of how long you keep the subscription, so it cannot be returned or refunded once we have begun.
Refunds do not apply to renewal months beyond the first month, to any third-party costs paid on your behalf, or to advertising spend.
4. Cancellation
You may cancel your subscription at any time by contacting us using the details below. Cancellation stops future billing; it does not refund fees already charged, except as described in Section 3. After cancellation, your access to the platform and services ends at the close of your current billing period, and we may deactivate or remove your account and associated data.
5. Client Responsibilities and Acceptable Use
You agree to provide accurate information and to use our services and platform lawfully. You may not use our services to send spam, transmit unlawful, fraudulent, harassing, or harmful content, infringe the rights of others, or violate any applicable law or regulation. We may suspend or terminate service for violations of this section without refund.
6. Messaging and Communications Compliance
If you use our platform to communicate with your own customers or contacts by phone, text message, or email, you are solely responsible for obtaining all required consent from those recipients and for complying with all applicable laws and carrier rules, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, A2P 10DLC requirements, and CTIA guidelines. You agree to maintain proper opt-in records and to honor opt-out requests. 8th Wave provides the tools; you are responsible for how you use them with your own audience.
7. AI Services Disclaimer
Our services include automated artificial intelligence tools, including an AI voice assistant and conversation AI. While we work to make these tools accurate and reliable, AI systems can make errors, misunderstand input, or produce unexpected results. AI tools are provided to assist your business, not to replace human judgment, and we do not guarantee that they will operate without interruption or error.
8. SMS Messaging Program
8th Wave Marketing operates an SMS messaging program to communicate with individuals who have opted in through our website, including transactional messages (appointment confirmations, account notifications) and, where separately consented to, marketing and promotional messages. Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP, and request help by replying HELP. This program is intended for individuals 18 years of age or older. Carriers are not liable for delayed or undelivered messages. For more on how we collect and use your information in connection with this program, see our Privacy Policy.
9. No Guarantee of Results
Any results, statistics, case studies, or examples we share reflect past performance and are not a promise or guarantee of the results you will achieve. Marketing outcomes depend on many factors outside our control, including your market, offer, pricing, follow-up, and effort. We do not guarantee any specific level of leads, sales, revenue, or return on investment.
10. Intellectual Property
All content, software, systems, templates, processes, and materials we provide remain the property of 8th Wave Marketing or its licensors, except for content you supply. You receive a limited, non-exclusive, non-transferable right to use our services and materials for your business while your subscription is active. You may not copy, resell, or redistribute our systems or materials without our written permission. Content you provide to us remains yours, and you grant us the right to use it as needed to deliver our services.
11. Third-Party Services
Our platform is built on and integrated with third-party services and software, including our hosting platform, payment processor, and advertising and communication providers. Your use of those services may be subject to their own terms. We are not responsible for the acts, omissions, outages, or policies of third-party providers.
12. Confidentiality
Each party agrees to keep the other party's non-public business information confidential and to use it only to fulfill these Terms. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.
13. Disclaimer of Warranties
Our services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will be uninterrupted, error-free, or completely secure.
14. Limitation of Liability
To the fullest extent permitted by law, 8th Wave Marketing and its owner will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or relating to your use of our services. Our total liability for any claim relating to our services will not exceed the amount you paid us in the three months preceding the event giving rise to the claim.
15. Indemnification
You agree to indemnify and hold harmless 8th Wave Marketing and its owner from any claims, damages, losses, or expenses, including reasonable attorney's fees, arising from your use of our services, your content, your communications with your own customers, or your violation of these Terms or applicable law.
16. Governing Law
These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-law rules. Any dispute arising under these Terms will be resolved in the state or federal courts located in Oregon, and you consent to that jurisdiction.
17. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.
18. Contact Us
8th Wave Marketing
1039 NW Hwy 101 #23, Lincoln City, OR 97367
Phone: +1 541-237-1853
Email: [email protected]