Work in Waves — Master Terms of Service

PLEASE READ THESE TERMS CAREFULLY.

SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THESE AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 22.6.

1. Introduction and Acceptance

1.1 Who We Are

These Master Terms of Service (the "Master Terms") are entered into between you and JEMS Enterprises, LLC, a California single-member limited liability company with its principal place of business at 28106 Bouquet Canyon Rd, Unit #114, Santa Clarita, California 91350 ("JEMS," "we," "us," or "our").

We operate under the umbrella brand Work in Waves. Every product, program, publication, subscription, and service we offer is a Work in Waves offering, whether or not the words "Work in Waves" appear in its name. Collectively, these are the "Offerings."

1.2 Structure of This Agreement

This agreement has two parts:

a. These Master Terms, which apply to every Offering; and

b. One or more Schedules, each of which applies to a specific category of Offering. The Schedules attached to and forming part of these Master Terms are:

Together, these Master Terms and all applicable Schedules constitute the "Terms."

1.3 Order of Precedence

If a term in a Schedule conflicts with a term in these Master Terms, the Schedule controls, but only for the Offering that Schedule governs, and only to the extent of the conflict. If a term in a written order form, enterprise agreement, or statement of work signed by an authorized representative of JEMS conflicts with these Terms, that signed document controls.

1.4 Acceptance

By purchasing, registering for, accessing, downloading, or using any Offering, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, do not use the Offerings.

1.5 Changes to These Terms

We may modify these Terms at any time. If we make a material change, we will provide at least thirty (30) days' notice by email to the address associated with your account, by notice within the Offering, or by posting a prominent notice on the applicable website. Changes take effect on the stated effective date. Your continued use of an Offering after that date constitutes acceptance. If you do not accept a material change, your remedy is to stop using the affected Offering and, where applicable, cancel under Section 7. Changes will not apply retroactively to disputes arising before the effective date.

1.6 Prior Agreements Superseded

These Terms supersede all prior terms, agreements, and understandings relating to the Offerings, except where a signed written agreement between you and JEMS expressly provides otherwise.

2. Definitions

Capitalized terms not defined where they first appear have the meanings below.

"Account" — the credentialed access we issue to you to use one or more Offerings.

"Artifact" — a structured document, output, or work product created, generated, stored, or delivered within the Waves Suite, including through the Artifacts application.

"Business Customer" — a company, partnership, sole proprietorship, nonprofit, or other entity that purchases an Offering for use by its personnel, as further described in Schedule F.

"Consumer" — an individual who purchases an Offering primarily for personal, family, or household purposes.

"Content" — text, documents, images, audio, video, data, and other material.

"Materials" — curricula, frameworks, methodologies, templates, worksheets, recordings, software, written materials, and other Content we make available as part of an Offering.

"Offering" — has the meaning given in Section 1.1.

"Program" — a training, coaching, cohort, or educational Offering, as further described in Schedule B.

"Study Owner" — an Account holder who sets up and runs a Work Study, as further described in Schedule G.

"Study Participant" — an individual whom a Study Owner lists on a Work Study and who takes part in it without holding an Account, as further described in Schedule G.

"Subscription" — any Offering billed on a recurring basis, as further described in Schedule D.

"Waves Suite" — our software platform and applications, together with all associated tools, integrations, and AI-enabled features, as further described in Schedule A. The Waves Suite includes the Artifacts application, the Learn application, and the Capture application, whatever domain any of them is served from.

"Work Study" — a study in which the people who work with a Study Owner record how their working time is spent, provided through the Capture application or any other Offering in which we make it available, as further described in Schedule G.

"Workspace" — a shared collaborative environment within the Waves Suite, including a Workspace through which a Program is delivered to a defined group of members, as further described in Schedule E.

"Your Content" — Content that you or your Authorized Users submit, upload, create, or generate through an Offering, excluding our Materials.

3. Eligibility

3.1 Age

You must be at least eighteen (18) years of age to purchase or use any Offering. The Offerings are not directed to, and we do not knowingly collect information from, persons under 18. If we learn that we have collected information from a person under 18, we will delete it.

3.2 Capacity and Authority

You represent that you have the legal capacity to enter into a binding contract. If you accept these Terms on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity.

3.3 Sanctions and Export Compliance

You represent that you are not located in, ordinarily resident in, or a national of any country or territory subject to comprehensive economic sanctions administered by the United States, and that you are not identified on any list of prohibited or restricted parties maintained by the U.S. government. You will not use, export, or re-export any Offering in violation of applicable export control or sanctions laws.

4. Accounts

4.1 Registration

Certain Offerings require an Account. You agree to provide accurate, current, and complete information and to keep it updated.

4.2 Security

You are responsible for safeguarding your credentials and for all activity occurring under your Account. Notify us promptly at intake@workinwaves.com of any unauthorized use. We are not liable for loss arising from your failure to maintain credential security.

4.3 One Person Per Account

Accounts are personal to the individual to whom they are issued. You may not share credentials, transfer your Account, or permit another person to use it. Business Customers must provision a separate seat for each individual user under Schedule F.

4.4 Accounts Created Through an Employer or Organization

If your Account was provisioned by a Business Customer, that organization may have rights to administer, access, restrict, or terminate your Account, as described in Schedule F. You acknowledge that Content you place in an organization-provisioned Account may be visible to that organization's administrators.

4.5 Taking Part Without an Account

Some things can be done without an Account. A Work Study is the one that matters today. Only the Study Owner holds an Account. A Study Participant is admitted by typing a work email address the Study Owner already listed, is refused if it does not match, and holds no Account, no password and no seat. Taking part does not make a Participant a party to these Terms, does not give them rights in any Offering beyond taking part in that study, and does not make the Study Owner's business a Business Customer. The Study Owner is responsible for the study and for what happens on it (Schedule G.5). Our Privacy Policy, Schedule E.13 and Section 8.7, describes what we hold about a Participant and how they can ask us about it.

5. The Offerings

5.1 What We Provide

We provide access to the Offerings you have purchased or registered for, in accordance with these Terms and the applicable Schedule.

5.2 Changes to Offerings

We may add, modify, improve, or discontinue features of any Offering. Where a change materially reduces the core functionality or deliverables of an Offering you have paid for, we will provide notice and the remedies described in Section 21.5.

5.3 Service Standard

We will use commercially reasonable efforts to make the Offerings available and to deliver the Materials and deliverables described in the applicable Schedule or on the applicable sales page. Except where a written service level agreement expressly states otherwise, we do not guarantee uninterrupted or error-free availability.

5.4 Beta, Early Access, and Preview Features

We may designate certain Offerings or features as beta, early access, preview, or similar. These are provided AS IS, may be modified or withdrawn at any time, carry no availability or data-preservation commitment, and are excluded from any service level commitment.

6. Orders, Fees, and Payment

6.1 Pricing

Prices are as stated at the point of purchase. Prices may change prospectively; a price change does not affect an order already placed or the current billing period of an active Subscription.

6.2 Payment Authorization

By providing a payment method, you authorize us and our payment processors to charge that method for all amounts due, including recurring charges for Subscriptions and scheduled installments for payment plans. You represent that you are authorized to use the payment method provided.

6.3 Payment Processors

We use third-party payment processors, currently Stripe, Inc. and, for certain publications, the platforms identified in Schedule C. We do not store full payment card numbers. Your use of a payment processor is subject to that processor's own terms.

6.4 Taxes

Prices exclude sales, use, VAT, GST, and similar taxes unless stated otherwise. You are responsible for all such taxes other than taxes on our net income. Where we are required to collect tax, it will be added at checkout.

6.5 Payment Plans and Failed Payments

Where an Offering is sold on an installment plan, you are obligated for the full plan total regardless of continued participation, subject only to the refund rights in Section 8 and the applicable Schedule. If a scheduled payment fails, we will notify you and allow a seven (7) day grace period to cure. If the payment remains uncured, we may suspend access until the account is brought current, and may terminate under Section 21.

6.6 Discounts

a. Where a discount is conditioned on paying in full, it applies only to a payment made in full. If you are on an installment plan, you may ask to settle the balance early, but the pay-in-full discount does not apply retroactively to installments already made.

b. Discounts are not retroactive to purchases already completed, and may not be combined unless expressly stated.

c. Where a discounted purchase is refunded, we refund the amount you actually paid — not the undiscounted list price.

6.7 Chargebacks

If you initiate a chargeback or payment dispute for a charge you actually authorized, we may treat it as a material breach, suspend or terminate your access, and recover the disputed amount plus any fees imposed on us. We ask that you contact us first at intake@workinwaves.com — most disputes are resolved faster this way than through your card issuer.

7. Subscriptions, Renewal, and Cancellation

This Section applies to every Subscription. Schedule D contains additional terms.

7.1 Automatic Renewal

SUBSCRIPTIONS RENEW AUTOMATICALLY at the end of each billing period at the then-current price, until cancelled. By purchasing a Subscription, you authorize recurring charges.

7.2 Renewal Notice

Where required by law, and as a matter of practice for annual Subscriptions, we will send a reminder before renewal.

7.3 How to Cancel

You may cancel at any time through your Account settings or by emailing intake@workinwaves.com. Cancellation is effective at the end of the then-current billing period.

7.4 Effect of Cancellation

On cancellation, you retain access for the remainder of the billing period you have already paid for. No further charges will be made. Cancellation does not, by itself, entitle you to a refund of amounts already paid — see Section 8.

7.5 Data After Cancellation

Your ability to access, export, or retrieve Your Content after cancellation is governed by Schedule A and Schedule E. We strongly recommend exporting anything you need before your access period ends.

8. Refunds

8.1 Refunds Are Determined by Offering Type

The refund terms for each Offering are set out in its Schedule. This Section states the framework; the Schedules state the specifics.

8.2 Discretionary Refunds

Outside the windows described in the Schedules, refunds are case by case and at our sole discretion. We consider requests in good faith. A discretionary refund in one case does not create an entitlement in any other case and does not waive this Section.

8.3 No Refund Following Termination for Cause

If we terminate your access for material breach under Section 21.3, no refund is due, and any unpaid installments remain payable.

8.4 Statutory Rights

Nothing in this Section limits any non-waivable statutory right you may have. Consumers in certain jurisdictions — including the European Union, the United Kingdom, and some U.S. states — have cancellation or withdrawal rights that apply regardless of these Terms. See Section 24 and the applicable Schedule.

8.5 Effect of a Refund

On issuing a refund, your licence and access to the refunded Offering terminate immediately. You must cease using and delete all copies of the associated Materials. Section 9.5 (survival of Artifacts) applies where relevant.

9. Intellectual Property and Licences

9.1 Our Rights

We and our licensors own all right, title, and interest in the Offerings and the Materials, including all software, curricula, frameworks, methodologies, recordings, templates, text, graphics, and design, and all intellectual property rights in them. Work in Waves, Waves Suite, The Great Reinvention, JEMS Enterprises, and the other names and logos we use are our trademarks. Nothing in these Terms transfers ownership to you.

9.2 Licence to You

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Offering and its Materials for your own internal business or personal use during your access period.

9.3 What You May Do

You may:

a. Access and use the Materials for your own business or personal purposes;

b. Apply the frameworks and methodologies taught in a Program within your own organization, including with your own employees and contractors;

c. Make reasonable copies of downloadable Materials for your own reference; and

d. Retain and use Artifacts you created, subject to Section 9.5.

9.4 What You May Not Do

You may not:

a. Resell, sublicense, rent, lease, distribute, publish, or commercially exploit the Materials;

b. Teach, coach, train, or deliver the Materials or our methodologies to third parties as a service, whether or not for a fee, without a written licensing or certification agreement with us;

c. Share your Account or access credentials, or provide access to persons who have not purchased the Offering;

d. Reproduce, download, screen-record, or redistribute call recordings or video Materials except through the playback functionality we provide;

e. Remove, obscure, or alter any proprietary notice;

f. Reverse engineer, decompile, or disassemble any software, except to the extent this restriction is unenforceable under applicable law;

g. Use the Materials to develop, train, or improve a competing product, service, program, or machine learning model; or

h. Scrape, crawl, or use automated means to extract Materials or data, except as we expressly permit.

9.5 Artifacts and Work Product Survive

Artifacts and work product you create through an Offering are yours. Where technically feasible, you retain access to Artifacts you created after your access to the underlying Offering ends, subject to Schedule A and Schedule E. Our Materials embedded within or referenced by an Artifact remain subject to Section 9.4.

9.6 Cross-Offering Portability

Where you hold active access to more than one Offering, we will, where technically feasible and at no additional charge, allow you to carry Artifacts and work product between them. This is a convenience, not a guarantee, and is contingent on active access to both Offerings.

9.7 Feedback

If you give us suggestions, ideas, or feedback about an Offering, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use it without restriction or compensation. You are not obligated to give feedback.

9.8 Copyright Complaints

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to intake@workinwaves.com. We may terminate the accounts of repeat infringers. Full DMCA procedures are in Schedule E.

10. Your Content

10.1 You Own It

You retain all ownership of Your Content. We claim no ownership in it.

10.2 Licence to Us

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify (for formatting and technical purposes), transmit, and display Your Content solely to the extent necessary to operate, secure, support, and provide the Offerings to you. This licence terminates when Your Content is deleted, except for copies retained in routine backups for a commercially reasonable period, and except where retention is required by law.

This licence does not permit us to use Your Content for marketing or promotion. Marketing use is governed exclusively by Section 11 and requires your opt-in.

10.3 Your Representations

You represent that you own or have all rights necessary to submit Your Content, and that Your Content does not infringe any third party's rights or violate any law.

10.4 Prohibited Content

You may not submit Content that is unlawful, infringing, defamatory, harassing, hateful, sexually explicit, violent, malicious code, or that discloses another person's confidential or personal information without authority.

10.5 Removal

We may remove or disable Content that we reasonably believe violates these Terms or applicable law. Except where prohibited by law or where doing so would create a security or legal risk, we will notify you.

10.6 Content You Publish to a Workspace

Content published into a shared Workspace is subject to Schedule E, which grants other Workspace members a licence to that Content that survives deletion of your copy. Read Schedule E before publishing anything to a shared Workspace.

11. Marketing, Testimonials, Name, and Likeness

11.1 Opt-In Required

We do not use your name, business name, image, voice, likeness, or statements in our marketing unless you opt in. This is a deliberate choice on our part, and it is not the industry norm.

11.2 What Constitutes Opt-In

You opt in by taking a clear affirmative act, such as:

a. Checking a marketing-consent box that expressly describes the use;

b. Signing a written release or appearance agreement;

c. Submitting a testimonial, review, case study, or success story to us in response to a request that states we may publish it; or

d. Expressly agreeing in writing (including email) to a specific proposed use.

Participating in a Program, appearing on a recorded call, using the Waves Suite, or buying a book is not, by itself, an opt-in for marketing use.

11.3 Scope of the Licence Once Given

When you opt in, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, reproduce, edit for length and clarity, publish, and display the name, likeness, statements, and materials covered by your opt-in, in any medium now known or later developed, for marketing and promotional purposes.

"Perpetual and irrevocable" is meaningful. Once we have published a testimonial in a video, a printed book, or an ad campaign, we cannot always unwind it. Please consider this before opting in.

11.4 Withdrawal

You may withdraw consent at any time by emailing intake@workinwaves.com. On withdrawal, we will:

a. Stop making new uses of the withdrawn material;

b. Remove it from our own website and owned channels within thirty (30) days, where technically feasible; and

c. Use commercially reasonable efforts to remove it from third-party channels we control.

We are not obligated to recall, destroy, or edit materials already printed, distributed, embedded in produced media, or in the possession of third parties.

11.5 Edits and Accuracy

We may edit testimonials for length, clarity, grammar, and format, but not in any way that materially changes their meaning or attributes to you a statement you did not make. We will not fabricate results or attribute outcomes to you that you did not report.

11.6 Recorded Sessions

Group calls and certain sessions are recorded. Recording is a condition of participation and is used to deliver the Program to participants who could not attend live, to create Program Materials, and to improve the Offering. Recordings are shared with participants of that Program.

Use of a recording outside the Program — in advertising, on public channels, or in marketing to non-participants — requires your separate opt-in under this Section 11. If you prefer not to appear, you may keep your camera off, use a display name, or ask a question in text rather than on camera; we will accommodate reasonable requests.

How long we keep recordings. We retain call recordings and transcripts for three (3) years, and written Program submissions for the access period plus two (2) years, unless you ask us to delete them sooner. Full retention periods are in the Privacy Policy, Section 9.

11.7 No Compensation

Unless separately agreed in writing, you are not entitled to compensation for marketing uses you have consented to.

11.8 Our Rights in Aggregate Data

We may use de-identified and aggregated data and outcomes ("participants averaged X") in marketing without opt-in, provided the data cannot reasonably be used to identify you or your business.

12. Acceptable Use

You will not:

a. Use an Offering for any unlawful purpose or in violation of any applicable law;

b. Interfere with, disrupt, overload, or attempt to gain unauthorized access to the Offerings or their infrastructure;

c. Circumvent any access control, usage limit, or security measure;

d. Harass, threaten, defame, or discriminate against any other user, participant, or member of our staff;

e. Impersonate any person or misrepresent your affiliation;

f. Use the Offerings to send unsolicited commercial communications;

g. Solicit other participants for unrelated commercial purposes without our written permission; or

h. Use the Offerings to build, train, or benchmark a competing product or service.

We may investigate suspected violations and take any action we consider appropriate, including warning, suspension, termination, and referral to law enforcement.

13. Confidentiality and Community Conduct

13.1 Participant Confidentiality

Programs and Workspaces involve participants sharing sensitive business information. You agree to keep confidential any non-public business, financial, personal, or strategic information disclosed by another participant, and not to disclose it outside the Program or Workspace or use it for your own commercial advantage.

13.2 What Is Not Confidential

This obligation does not apply to information that is or becomes public through no fault of yours, that you knew before disclosure, that you develop independently, or that you are legally compelled to disclose.

13.3 Our Confidentiality

We will not disclose your non-public business information to other participants or third parties except as described in the Privacy Policy, as necessary to deliver the Offering, or as required by law.

13.4 Community Standards

Where an Offering includes a community, forum, cohort, or Workspace, you will engage constructively and respectfully. We may moderate, remove content, and remove participants who undermine the environment for others.

13.5 Survival

This Section survives termination.

14. Artificial Intelligence and Automated Processing

14.1 We Use AI to Deliver the Offerings

The Waves Suite and certain other Offerings use artificial intelligence and machine learning to process, organize, summarize, generate, transform, and maintain Content. Your Content, including Artifacts and material you submit, is processed by AI systems as part of normal operation.

14.2 Our AI Provider

We currently use Anthropic PBC (Claude) as our primary AI processing provider. Content processed through the Offerings may be transmitted to and processed by Anthropic under our commercial agreement with them. We may change or add AI providers; the current list is maintained in our Privacy Policy.

14.3 No Training on Your Content

We do not use Your Content to train, fine-tune, or improve artificial intelligence or machine learning models — ours or anyone else's. Our agreements with our AI providers are configured so that Content submitted through the Offerings is not used to train their models.

14.4 De-identified Improvement

We may use de-identified and aggregated usage data — such as which features are used, error rates, and performance metrics — to improve the Offerings. This does not include the substance of Your Content.

14.5 AI Output Is Not Guaranteed

AI-GENERATED OUTPUT MAY BE INACCURATE, INCOMPLETE, OUTDATED, OR MISLEADING. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. You are responsible for reviewing and verifying any AI-generated output before relying on it or acting on it. We make no warranty as to the accuracy, completeness, or fitness of AI-generated output. Section 17 (No Professional Advice) applies with full force to AI output.

14.6 AI-Narrated Audio

Certain publications may be narrated using synthetic voice technology. Where this is the case, we will disclose it in the product listing.

14.7 Your Responsibility for Inputs

You will not submit Content to AI-enabled features that you are not permitted to disclose to a third-party processor — including material subject to a confidentiality obligation that prohibits such disclosure, regulated health or financial records, or government-classified information — unless we have entered into a written agreement with you covering that use.

15. Third-Party Services

The Offerings may integrate with or link to third-party services. We do not control and are not responsible for third-party services, their content, or their practices. Your use of them is governed by their terms. Third-party services we currently rely on are listed in our Privacy Policy.

16. Results, and No Professional Advice

16.1 No Guarantee of Results

WE DO NOT GUARANTEE ANY SPECIFIC RESULT, OUTCOME, REVENUE, PROFIT, GROWTH, EFFICIENCY GAIN, OR BUSINESS IMPROVEMENT FROM ANY OFFERING.

Results depend on factors outside our control, including your effort, execution, market conditions, staffing, capital, timing, and circumstances specific to your business. Any example, case study, testimonial, or figure we present is illustrative of what some participants have reported and is not a promise, projection, or typical result.

16.2 No Professional Advice

THE OFFERINGS ARE EDUCATIONAL AND OPERATIONAL IN NATURE. THEY DO NOT CONSTITUTE LEGAL, ACCOUNTING, TAX, FINANCIAL, INVESTMENT, INSURANCE, REGULATORY, MEDICAL, OR PSYCHOLOGICAL ADVICE, AND NO PROFESSIONAL RELATIONSHIP IS CREATED. We are not your lawyer, accountant, financial adviser, or compliance officer. Consult qualified professionals before acting on anything you learn through an Offering.

16.3 Regulated Industries

Some participants work in regulated industries. You are solely responsible for ensuring that anything you implement complies with the laws, regulations, licensing requirements, and contractual obligations that apply to you — including any agreement you have with a carrier, franchisor, broker-dealer, principal, or employer.

16.4 Independence

We are independent. We are not affiliated with, endorsed by, sponsored by, or acting on behalf of any insurance carrier, franchisor, employer, professional association, or other principal with whom you may have a relationship, unless we expressly state otherwise in writing. Nothing in an Offering should be read as approved by any such organization. Where a Program or Workspace is intended for people who share a relationship with a particular company or organization, that company or organization has no involvement in, and no responsibility for, the Offering, and we do not share your information with it.

17. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE OFFERINGS AND ALL MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE OFFERINGS WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT CONTENT WILL BE PRESERVED WITHOUT LOSS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTHING IN THESE TERMS EXCLUDES A WARRANTY THAT CANNOT LAWFULLY BE EXCLUDED.

18. Indemnification

You will indemnify, defend, and hold harmless JEMS, its members, officers, employees, contractors, and agents from any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:

a. Your breach of these Terms;

b. Your Content, including any claim that it infringes or misappropriates a third party's rights;

c. Your use or misuse of any Offering;

d. Your violation of any law or of any third party's rights, including any obligation you owe to a carrier, employer, principal, or regulator; or

e. Your reliance on, or implementation of, anything learned through an Offering.

We will notify you of any claim, may participate in the defense with counsel of our choosing at our own expense, and you will not settle any claim in a way that imposes an obligation or admission on us without our written consent.

19. Limitation of Liability

19.1 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, DATA, OR ANTICIPATED SAVINGS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY OFFERING WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100), OR (B) THE TOTAL AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC OFFERING GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

For a one-time purchase with no recurring charges, the cap is the amount you actually paid for that Offering.

19.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WE WOULD NOT PROVIDE THE OFFERINGS ON THESE COMMERCIAL TERMS WITHOUT THEM.

19.4 Exceptions

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR — FOR CONSUMERS IN CERTAIN JURISDICTIONS — LIABILITY UNDER NON-WAIVABLE CONSUMER PROTECTION LAW.

19.5 Jurisdictional Variation

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

20. Term, Suspension, and Termination

20.1 Term

These Terms apply from your first use of an Offering until terminated.

20.2 Termination by You

You may stop using the Offerings at any time and may close your Account by contacting intake@workinwaves.com. Subscription cancellation is governed by Section 7. Termination does not entitle you to a refund except as provided in Section 8 and the applicable Schedule.

20.3 Termination or Suspension by Us for Cause

We may suspend or terminate your access immediately, with or without notice, if you:

a. Materially breach these Terms;

b. Fail to pay amounts due after the grace period in Section 6.5;

c. Engage in conduct that harms or threatens other participants, our staff, or the integrity of an Offering;

d. Use an Offering unlawfully or in a way that exposes us to legal liability; or

e. Initiate an unwarranted chargeback.

Where practicable and where it does not increase risk to others, we will give notice and an opportunity to cure.

20.4 Termination for Convenience

We may terminate or discontinue an Offering for convenience on thirty (30) days' notice.

20.5 Discontinuation of a Paid Offering

If we discontinue an Offering you have paid for before you have received the substantial benefit of it, we will, at our election, provide a pro-rata refund of amounts paid for the undelivered portion, or comparable access to a substitute Offering of equivalent value. This is your sole and exclusive remedy for discontinuation.

20.6 Effect of Termination

On termination, your licence and access end immediately. Sections 9 (as to our rights), 10.2 (as to residual backups), 11.3, 13, 16, 17, 18, 19, 22, 23, and 25 survive, together with any other provision that by its nature should survive.

20.7 Your Content on Termination

Retention, export, and deletion of Your Content following termination are governed by Schedule A and Schedule E and by our Privacy Policy.

21. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Where the Privacy Policy and these Terms conflict on a privacy matter, the Privacy Policy controls.

22. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

22.1 Informal Resolution First

Before filing any claim, you agree to contact us at intake@workinwaves.com with a written description of the dispute and the relief sought, and to attempt in good faith to resolve it. We agree to do the same. Neither party may commence arbitration or litigation until sixty (60) days after that notice. This period tolls any applicable limitation period.

22.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or any Offering will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (for Consumers) or Commercial Arbitration Rules (for Business Customers), before a single arbitrator, seated in Los Angeles County, California, or conducted remotely at your election if you are a Consumer.

BY AGREEING TO ARBITRATION, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO HAVE THE DISPUTE HEARD IN COURT, except as stated in Section 22.5.

22.3 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding.

If this Section 22.3 is found unenforceable as to a particular claim, that claim will proceed in court, and the remainder of Section 22 will be void as to that claim only.

22.4 Costs

For Consumer arbitrations, we will pay filing and arbitrator fees in excess of what you would pay to file in court, as required by the AAA Consumer Rules. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law.

22.5 Exceptions

Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information.

22.6 Your Right to Opt Out

YOU MAY OPT OUT OF SECTIONS 22.2 AND 22.3 BY SENDING WRITTEN NOTICE TO intake@workinwaves.com WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. The notice must state your name, the email address on your Account, and that you opt out of arbitration. Opting out has no other effect on these Terms and will not affect your access to any Offering.

22.7 Consumers Outside the United States

If you are a Consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you a non-waivable right to bring proceedings in your local courts or under your local law, this Section 22 does not deprive you of that right. See Section 23.3.

22.8 Limitation Period

To the extent permitted by law, any claim must be brought within one (1) year after it arises, or it is permanently barred. This does not apply where a longer period is required by non-waivable law.

23. Governing Law and Venue

23.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23.2 Venue

Subject to Section 22, the state and federal courts located in Los Angeles County, California have exclusive jurisdiction, and you consent to personal jurisdiction there.

23.3 Mandatory Local Protections

If you are a Consumer, this Section does not deprive you of the protection of mandatory provisions of the law of your country of residence. Consumers in the European Union and United Kingdom may bring proceedings in their local courts and retain the benefit of local mandatory consumer protection law.

24. Consumer Cancellation and Withdrawal Rights

24.1 EU and UK Consumers — Right of Withdrawal

If you are a Consumer resident in the European Union or United Kingdom, you generally have fourteen (14) days from the date of contract to withdraw without giving a reason.

24.2 Waiver for Immediate Digital Delivery

Where you request immediate access to digital content or services before the withdrawal period expires, and you acknowledge that you thereby lose your right of withdrawal, the right of withdrawal does not apply to content already supplied. We will present this acknowledgment at checkout where applicable.

24.3 Our Refund Terms Are In Addition

Where our refund terms in Section 8 and the Schedules are more generous than your statutory rights, our terms apply. Statutory rights are never reduced by these Terms.

24.4 How to Exercise

Contact intake@workinwaves.com with a clear statement of your decision to withdraw.

25. Miscellaneous

25.1 Entire Agreement. These Terms, the applicable Schedules, and the Privacy Policy are the entire agreement between you and us regarding the Offerings and supersede all prior agreements, understandings, and representations, whether written or oral.

25.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder will continue in full force.

25.3 Waiver. No failure or delay in exercising a right waives it. A waiver must be in writing to be effective.

25.4 Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.

25.5 No Third-Party Beneficiaries. These Terms create no rights in any third party, except that Section 18 (Indemnification) and Section 19 (Limitation of Liability) extend to our members, officers, employees, and contractors.

25.6 Force Majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, labor dispute, epidemic, governmental action, utility or internet failure, or third-party service outage. This does not excuse payment obligations already incurred.

25.7 Electronic Communications. You consent to receive communications from us electronically. Electronic notices satisfy any legal requirement that a communication be in writing.

25.8 Notices. Notices to you go to the email on your Account. Notices to us go to intake@workinwaves.com, with a copy to JEMS Enterprises, LLC, 28106 Bouquet Canyon Rd, Unit #114, Santa Clarita, California 91350.

25.9 Headings. Headings are for convenience only and do not affect interpretation.

25.10 Relationship of the Parties. Nothing creates a partnership, joint venture, employment, agency, or fiduciary relationship.

25.11 Interpretation. "Including" means "including without limitation." These Terms will not be construed against the drafter.

25.12 Language. These Terms are drafted in English. Any translation is for convenience; the English version controls.

SCHEDULE A — The Waves Suite

Applies to our software platform and applications, including the Artifacts application, the Learn application, and the Capture application, whatever domain any of them is served from.

A.1 What It Is. The Waves Suite is a software platform for creating, organizing, and collaborating on structured work product ("Artifacts"), together with associated tools, integrations, and AI-enabled features.

A.1.1 Applications Covered. The Waves Suite is delivered through one or more applications, which may be served from different domains and marketed under different names — including the Artifacts application, the Learn application, through which Programs are delivered to Workspaces, and the Capture application, through which Work Studies are run. All of them are operated by JEMS Enterprises, LLC and are governed by these Terms and by our Privacy Policy, regardless of the domain you access them from or the name under which you first encountered them. Where an application has previously carried its own separate terms of service or privacy policy, these Terms and our Privacy Policy supersede them as of their effective date, per Section 1.6.

A.2 Licence. Section 9.2 applies. Your licence is per named user and lasts for your paid access period.

A.3 Availability. Section 5.3 applies. No uptime commitment or service level agreement applies unless expressly agreed in a signed written order form. We target commercially reasonable availability and will provide advance notice of planned maintenance where practicable.

A.4 Support. Support is provided by email at intake@workinwaves.com during normal business hours, Pacific Time. No response time is guaranteed absent a signed agreement.

A.5 Refunds.

a. Initial 30-day refund. If you are dissatisfied, request a full refund within thirty (30) days of your initial paid purchase by emailing intake@workinwaves.com. No participation test applies.

b. After 30 days. Cancel at any time. Your access continues through the end of the billing period you have already paid for, and no further charges are made. Amounts already paid are not refunded.

c. Discretionary. Refunds outside the 30-day window are case by case and at our sole discretion under Section 8.2.

d. Annual plans. The 30-day full refund in paragraph (a) applies to annual plans in the same way it applies to monthly plans, running from your initial paid purchase.

e. No proration after the window. After the 30-day window, our default position is that we do not prorate. Cancellation stops future renewals and your access continues through the end of the period you have paid for. We may offer a prorated refund at our sole discretion, but no right to one arises under these Terms and offering one in a given case does not oblige us to do so again.

A.6 Data Export and Deletion. You may export Your Content at any time during your access period using the export functionality we provide. After termination or cancellation, we retain Your Content for thirty (30) days to allow retrieval, after which it may be permanently deleted. Deleted Content may persist in routine backups for a commercially reasonable period.

A.7 Usage Limits. We may apply reasonable limits on storage, API calls, AI processing, seats, and other resources. Current limits are published in the Offering. We will give notice before reducing a limit that materially affects your use.

A.8 AI Features. Section 14 applies in full.

A.9 Early Release. Where any part of the Waves Suite is designated early access or beta, Section 5.4 applies and Sections A.3 and A.5 are modified accordingly.

SCHEDULE B — Programs

Applies to every Program, meaning any Offering whose substance is training, coaching, instruction, mentoring, or facilitated group or individual learning — whatever it is called.

This Schedule applies regardless of name, format, or delivery method, and regardless of whether a Program is:

• sold on its own or delivered as a component or module within another Offering;
• live, recorded, self-paced, cohort-based, or one-to-one;
• launched, renamed, rebranded, split into separate Offerings, or merged into another Offering after the date of these Terms.

Where an Offering could reasonably fall under more than one Schedule, the Schedule identified at the point of sale governs. Where none is identified, the Schedule governing the predominant substance of what you purchased governs.

B.1 What We Deliver. Each Program's specific deliverables — session count, cadence, format, duration, materials, and level of individual access — are as described on its sales page or enrollment agreement at the time of purchase. Those descriptions are incorporated by reference.

B.2 Standard. We will use commercially reasonable efforts to deliver the Program substantially as described. We may adjust schedule, sequence, format, and personnel where reasonably necessary, provided the overall value and substance of the Program is preserved.

B.3 Recordings. Group sessions are recorded. Section 11.6 governs recording and its permitted uses. Recordings and other video Materials are made available to Program participants via embedded playback, streamed through a third-party video delivery service that receives your playback requests, including your IP address, in order to serve them (Privacy Policy, Section 7.2). Downloading, screen-recording, or redistributing recordings is prohibited (Section 9.4(d)).

B.4 Individual Access.

a. Not an entitlement. One-to-one time is offered at our sole discretion. It is not a guaranteed deliverable of any Program, no minimum amount is committed, and you should not purchase a Program in the expectation of receiving it unless a specific quantity is expressly stated at purchase.

b. Where a quantity is stated. If a Program expressly commits a number of one-to-one sessions at purchase, that commitment applies. Those sessions must be scheduled and used within the Program period. Unused sessions do not roll over and have no cash value.

c. Recording. Where we do offer one-to-one time, the session will be recorded. Section 11.6 applies.

d. How recordings may be used. We may use a one-to-one recording to deliver and improve the Program — including sharing it with other participants in that Program as teaching material — without further consent, as described in Section 11.6.

e. Promotional use. We will not use a one-to-one recording in which you are identifiable for promotional or advertising purposes without your opt-in consent, given separately at the time. Where we anonymize the material so that you are not identifiable — for example by removing your name, image, voice, and identifying details — we may use it without that consent. You may withdraw promotional consent under Section 11.4.

B.5 Materials Access Period.

a. Committed period. Unless a Program states otherwise at purchase, we commit to providing access to Program Materials for at least twelve (12) months from your purchase date.

b. Continued access. We do not currently plan to withdraw access at the end of that period, and in practice we expect it to continue. However, continued access beyond the committed period is at our discretion and is not guaranteed.

c. Content currency. Program Materials reflect our thinking at the time they were produced. We do not undertake to keep archived Materials current, and older Materials may become outdated. Access to a Material is not a representation that it remains accurate or recommended.

d. Program-specific periods. Where a Program's sales page states a different access period — for example, a defined cohort access window, or bundled Waves Suite access for a stated number of months — that stated period governs for that Program.

e. Artifacts you created remain subject to Section 9.5 and survive the access period.

B.6 30-Day Money-Back Guarantee.

This is the default guarantee for all Programs. An individual Program may offer different or more generous terms; where it does, the terms stated on that Program's sales page at the time of purchase govern.

a. The guarantee. If a Program is not right for you, request a full refund of amounts paid by emailing intake@workinwaves.com.

b. The window. The request must be made within thirty (30) days of your cohort start date — not your purchase date. Where a Program has no cohort start date, the window runs from the date access is granted.

c. Exit conversation — a condition. Taking part in a short exit conversation is a condition of this refund. Its only purpose is for us to understand what did not work, so the Program improves for the people after you.

d. How we administer it. The conversation is short and is not used to talk you out of your decision, to renegotiate, or to delay payment. We may waive this condition at our sole discretion — for example where you are unwell, unreachable, or simply do not wish to speak with us. We will not withhold a refund from someone acting in good faith who is unable or unwilling to have the conversation.

e. Payment plans. Where you are on an installment plan and a refund is granted under this Section, amounts already paid are refunded and all remaining scheduled payments are cancelled.

f. After the window. No refund is due. Any unpaid installments remain payable. Discretionary refunds under Section 8.2 remain available.

g. Effect. On refund, access to the Program, its Materials, and any bundled Waves Suite access ends immediately.

B.7 Cohort Transfers. If you cannot participate in your enrolled cohort, we may, at our discretion and once per purchase, transfer you to a later cohort at no charge. Requests should be made before the cohort begins.

B.8 Participant Confidentiality. Section 13 applies in full and is a material term of every Program.

B.9 Results and Advice. Section 16 applies in full.

SCHEDULE C — Books and Publications

Applies to books, ebooks, audiobooks, and similar publications.

C.1 Formats and Channels.

C.2 Purchases Through Third-Party Platforms. Where you purchase through a third-party platform — including Leanpub, Amazon, or an audiobook retailer — your purchase is a transaction with that platform, and that platform's terms, refund policy, delivery terms, and privacy policy govern it. We do not process those payments, control delivery, or administer those refunds. Direct refund and delivery enquiries to the platform.

C.3 Print Fulfilment. Print copies are produced and shipped by Amazon or another print-on-demand provider. We do not print, hold inventory, pack, ship, or handle returns for physical books. Shipping timelines, delivery risk, damage, loss in transit, and returns are governed entirely by the fulfilling platform.

C.4 Direct Digital Sales. Where you purchase an ebook or audiobook directly from us:

a. Licence. You receive a personal, non-exclusive, non-transferable licence to read or listen to the publication for your own use. You may make copies for your own devices.

b. You may not resell, redistribute, upload to a file-sharing service, lend commercially, publicly perform, or make the publication available to persons who have not purchased it, or strip or circumvent any rights-management measure.

c. Refunds — full and final. Purchases of digital publications are full and final. No refunds are offered. This reflects the nature of digital content, which cannot be returned once delivered. Discretionary exceptions under Section 8.2 remain available in genuinely exceptional cases, such as a failed or corrupted delivery.

d. EU/UK Consumers. Section 24 applies. At checkout you will be asked to consent to immediate delivery and to acknowledge that you thereby lose the statutory right of withdrawal for content already supplied.

C.5 AI-Narrated Audio. Certain audiobooks are narrated using synthetic voice technology. Where this is the case, we disclose it in the product listing. Section 14.6 applies.

C.6 Bundles. Where a book is bundled with a Program, Subscription, or software access, the terms of the corresponding Schedule govern that component, and the refund terms of the dominant component govern the bundle unless stated otherwise at purchase.

C.7 Content. Publications are educational. Section 16 applies in full.

SCHEDULE D — Subscriptions, Newsletters, and Memberships

Applies to recurring Offerings, including paid newsletters, communities, memberships, and any content subscription.

D.1 Scope. This Schedule covers Subscriptions we operate.

a. Hosted subscriptions (Substack). Where a publication is hosted on Substack, Substack's terms, billing, and refund policy also apply, and you may need to manage or cancel your subscription there rather than with us. Substack processes subscriber data for its own purposes as well as ours — see the Privacy Policy, Schedule D.

b. Subscriptions we send directly (MailerLite). Where we send from our own list using MailerLite, these Terms govern in full and you manage your subscription with us.

c. We may change delivery platforms. Whichever platform is used, these Terms govern our relationship with you, and a hosted platform's terms govern only that platform's own role.

D.2 Free Subscriptions. Free newsletters and mailing lists may be joined and left at any time using the unsubscribe link in any email or by emailing intake@workinwaves.com. No fee, no minimum term.

D.3 Paid Subscriptions — Renewal. Section 7 applies. Paid Subscriptions renew automatically until cancelled.

D.4 Refunds. The Waves Suite framework in Schedule A.5 applies:

a. Full refund within thirty (30) days of your initial paid subscription;

b. After 30 days, cancellation stops future renewals and access continues through the end of the paid period; amounts already paid are not refunded;

c. Discretionary refunds under Section 8.2.

D.5 Content Licence. Subscription content is licensed to you personally under Section 9.2. You may share individual pieces where we provide a sharing function or where the content is publicly posted; you may not republish paywalled content, forward it systematically, or make it available to non-subscribers.

D.6 Archive Access. Unless stated otherwise, access to archived content ends when your Subscription ends.

D.7 Communications. Transactional messages about your Subscription are not marketing and continue while your Subscription is active. Marketing to you about other Offerings requires your opt-in and can be withdrawn at any time.

D.8 Communities. Where a Subscription includes a community, Section 13 applies.

SCHEDULE E — Workspaces and Collaborative Features

E.1 What a Workspace Is. A Workspace is a shared environment in the Waves Suite where multiple users may create, publish, view, and work on Artifacts and Content together, or through which a Program is delivered to a defined group of members.

E.2 Access. Workspace access is granted by us or by a Workspace administrator and may be modified or revoked at any time.

E.3 Publishing to a Workspace — Read This Carefully.

WHEN YOU PUBLISH CONTENT INTO A SHARED WORKSPACE, YOU GRANT EVERY OTHER MEMBER OF THAT WORKSPACE A PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, ROYALTY-FREE LICENCE TO ACCESS, USE, COPY, AND ADAPT THAT CONTENT FOR THEIR OWN BUSINESS PURPOSES.

THIS LICENCE SURVIVES YOUR DELETION OF THE CONTENT, YOUR DEPARTURE FROM THE WORKSPACE, AND TERMINATION OF YOUR ACCOUNT. It has to work this way — collaborators build on shared work, and that work cannot be unwound from their own.

Do not publish anything into a shared Workspace that you are not willing to have other members keep. Content in your private area is not subject to this licence.

E.4 Members' Obligations. Workspace members must comply with Section 13 (Confidentiality) with respect to other members' Content and business information. The licence in E.3 permits use within the member's own business; it does not permit publication, resale, or distribution outside the Workspace.

E.5 Organization-Owned Workspaces. Where a Workspace is provisioned by a Business Customer, Schedule F governs ownership, administration, and offboarding.

E.6 Departure. When you leave a Workspace, you lose access to Workspace Content. Content you created in your private area remains yours under Section 9.5. We recommend exporting anything you need before departure.

E.7 Workspace Termination. If a Workspace is terminated, we will where practicable give members thirty (30) days' notice and an opportunity to export before deletion.

E.8 DMCA Procedure. To report alleged copyright infringement in a Workspace, send a notice to intake@workinwaves.com containing: identification of the copyrighted work; identification of the allegedly infringing material and its location; your contact information; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and your physical or electronic signature. We will respond as required by the DMCA, including counter-notice procedures, and may terminate repeat infringers.

E.9 Access Requirements and Verification.

a. One Account, one person. Every Account is tied to one personal email address and belongs to one individual (Section 4.3). Access to a Workspace is requested from, and granted to, that Account.

b. Administrators set the requirements. A workspace administrator may make access to a Workspace conditional on one or more requirements the administrator defines — for example, proving that you control an email address at a particular domain, or meeting a criterion the administrator checks in another way. The administrator is responsible for defining the requirements for their Workspace and how they are checked.

c. Verification attaches to you, not to the Workspace. When you meet a requirement, we record that against your Account. A verification you have already completed may satisfy the same requirement on any other Workspace that imposes it, if you request access there.

d. Truthfulness. You represent that any information you give to meet a requirement is accurate, and that any email address or other credential you verify is yours to use. Giving us a credential that is not yours is a material breach.

e. One credential, one Account. A credential used to meet a requirement — such as a verified email address — may be associated with only one Account. A second Account claiming the same credential will not be verified by it.

f. Verification addresses are proof, not contact details. An email address you verify to meet a requirement is held as evidence that you control it. It is not your contact address, we do not send email to it, and it is seen only by us and by the administrators of Workspaces that require it. Proving that you control an address says nothing about your employment or any other relationship with the organization that issued it, and we do not treat it as doing so.

g. Decisions. We, or the workspace administrator, may decline a request for access at our discretion. Where a request is reviewed rather than approved automatically, we may use automated tools, including AI, to gather publicly available information that helps us check whether a requirement is met; the decision itself is made by a person. Approval records that you met the requirement at the time we checked; we do not undertake to re-check it afterwards.

h. Verifications carried forward. The same verification mechanism is used across our applications (Schedule A.1.1). Where you have already met a requirement in one of them, that verification is recognized in the others, and approval may be automatic.

E.10 Invitations and Referrals. Where a Workspace offers referral links:

a. You send the invitations, not us. You invite people yourself, from your own device and your own messaging app, using a referral link we give you. We do not send invitations on your behalf, and we do not ask for or hold any contact details for the people you invite. This paragraph is about referral links between members of a gated Workspace. All we hold is the name you typed, which may not be the person's real name, and a record that the link was opened. It has nothing to do with a Work Study, where you do give us a work email address for each person on your team and Schedule G governs instead.

b. The name you type. When you create an invitation you may type the invitee's name so that you can keep track of who you have invited. It is a label for your convenience only, visible to you. Do not type anything other than a name.

c. Link opens are recorded. When someone opens your referral link, we record on our own server that the link was opened, at the moment the page loads. This is how we connect a new member to the person who referred them. It is not a tracking cookie and it does not follow anyone around the web.

d. Referral identifiers. Each verified member has a referral identifier: the part of their verified email address that identifies them. If you join without a working referral link, you may enter the identifier of the person who told you about the Workspace so that we can connect the two Accounts. We use it only to make that connection.

e. When a referral counts. A referral is complete only when the person you referred has been approved for the Workspace. Referrals of people who never join, or who are not approved, do not count.

f. No gaming, no spam. Share your link only with people you know personally and who are eligible to join. Section 12(f) applies: no unsolicited bulk messaging. We may disregard any referral we reasonably believe was fabricated, self-referred, or otherwise gamed.

g. Referral benefits. Where a Workspace or Program offers a benefit for approved referrals, the benefit is as described there at the time, may be changed prospectively, and has no cash value.

E.11 Activity Visible to Administrators. Workspace administrators can see membership, the requirements each member has met, and members' activity in the Workspace. Where a Program is delivered through a Workspace, we record which lessons each member opens and how long the page stays open — per member, by name, not as anonymous totals — and show it to workspace administrators so they can support and coach members. The Privacy Policy, Schedule E, describes this in detail.

SCHEDULE F — Business and Organizational Customers

Applies where an entity purchases an Offering for use by its personnel.

F.1 The Customer Is the Entity. Where an entity purchases, the entity is our customer and is responsible for all fees, for its Authorized Users' compliance with these Terms, and for all activity under its account.

F.2 Authorized Users. The entity may permit its employees and contractors ("Authorized Users") to use the Offering, up to the number of seats purchased. Each seat is for one named individual. Seats may be reassigned when an individual leaves the entity or changes role, but may not be shared or rotated among concurrent users.

F.3 Administrator Rights. The entity may designate administrators who may provision and deprovision users, configure settings, and — subject to applicable law and the entity's own obligations to its personnel — access, export, restrict, or delete Content within the entity's account and Workspaces.

F.4 Notice to Individual Users. The entity is responsible for informing its Authorized Users of the administrator rights in F.3 and for obtaining any consent or providing any notice required by employment or privacy law in the relevant jurisdiction. We are not responsible for the entity's compliance with those obligations.

F.5 Ownership of Account Data. As between the entity and its Authorized Users, Content created by an Authorized User in the course of their work for the entity, within an entity-provisioned account or Workspace, belongs to the entity, subject to any different arrangement between them. We will act on the instructions of the entity's designated administrators.

F.6 Offboarding. When an Authorized User is deprovisioned, the entity retains access to Content in the entity's account and Workspaces. The departing individual loses access. Where the individual also holds a separate personal account, that account is unaffected.

Deprovisioning tells us that the working relationship between the entity and that individual has ended. Their own Account and their own contact address remain theirs, and we may contact them about their Account and about what is available to them as an individual rather than through the entity. Marketing a separate Offering to them still requires their opt-in under Section 11 and carries an unsubscribe link. Privacy Policy Schedule E.14 describes this.

F.7 Termination of the Entity Relationship. On termination, the entity may export its data during the thirty (30) day period described in Schedule A.6, after which it may be deleted. Individual Authorized Users have no independent right to retain entity Content.

F.8 Data Processing. Where we process personal data on the entity's behalf and applicable data protection law requires a data processing agreement, our Data Processing Addendum applies and is incorporated by reference. Business Customers requiring a signed DPA should contact intake@workinwaves.com.

F.9 Subprocessor Changes. We maintain a current list of subprocessors in our Privacy Policy. We will give Business Customers at least thirty (30) days' notice before adding a new subprocessor that processes their personal data, and the Business Customer may object on reasonable data protection grounds, in which case we will work in good faith toward a resolution, failing which the Business Customer may terminate the affected Offering and receive a pro-rata refund.

F.10 No Purchase Order Terms. Terms contained in a purchase order, vendor portal, or similar document issued by a Business Customer do not apply and are expressly rejected, unless accepted in a document signed by an authorized representative of JEMS.

F.11 Publicity. Section 11 applies to Business Customers. We will not name an entity as a customer or use its logo without opt-in.

SCHEDULE G — Work Studies

Applies where an Account holder runs a Work Study for the people who work with them.

G.1 What a Work Study Is. A Study Owner sets up a study, lists the people on their team who are to take part, and shares a link with them. We provide Work Studies through the Capture application (Schedule A.1.1), and this Schedule applies wherever else we make them available. Each Study Participant records how their working time is spent, and the Study Owner can see what each of them records. We supply the tool; you run the study.

G.2 You List the People. For each person you want on the study you enter their name and the work email address your business issued them, and nothing else. No phone number, no personal email address, no home address.

G.3 What You Represent When You List Someone — Read This. By listing a person on a Work Study you represent and warrant that:

a. that person works for you or with you;

b. the email address you enter is one your business issued and controls, or that the person uses for work, and you are entitled to give it to us for the purpose in G.4;

c. you will tell them that the study is running, that you listed them by name and work address, and that you can see what they record; and

d. where employment law, privacy law, or a works council or similar body where you are requires notice to them or their consent before you do this, you have met that requirement. Meeting it is yours, not ours. Schedule F.4 says the same for Business Customers; this applies whether or not you are one.

G.4 What the Address Does. One thing. When a person opens the study and types their work email address, we admit them if it matches one you listed, and refuse them if it does not. It is how we recognize the right person at the door. It is an identifier, not a contact address: we do not send email to it, and we will not begin to without first updating our Privacy Policy to say so. Privacy Policy Schedule E.13 sets this out in full.

G.5 You Answer For Your Study. You are responsible for the study, for who is on it, and for all activity on it, in the same way a Business Customer is responsible for activity under its account (Schedule F.1). A Participant is not a party to these Terms and we do not look to a Participant to answer for anything; where something on a study raises an issue under these Terms, we look to you.

G.6 Participants Hold No Account. A Study Participant does not register, does not choose a password, does not give us a personal contact address, does not consume a seat under Schedule F.2, and is not a party to these Terms by taking part. Section 4.5 applies. This is different from a team member who joins the Waves Suite in their own right — that person holds their own Account, on their own contact address, and Schedule F and Privacy Policy Schedule E.14 apply to them instead.

G.7 What You See. You can see each Participant's entries. You are responsible for what you do with them, including any use in a performance, employment, or compensation decision. We take no part in that and make no representation that a study is a suitable basis for one.

G.8 Sensitive Information. A Work Study asks where the working hours go; it does not need anything of a sensitive kind in it. Do not instruct or encourage Participants to enter sensitive information, and Section 12 and Privacy Policy Section 2.5 apply to what is entered.

G.9 Removing Someone. You may remove a Participant from a study at any time, and you may ask us to delete their record. If a Participant contacts us directly, Privacy Policy Section 8.7 applies: we will act on it where we are able to, and we will tell you that we heard from them.

G.10 Not a Business Customer By Itself. Running a Work Study does not by itself make you a Business Customer under Schedule F and does not provision an Account for anyone. Where you are a Business Customer, Schedule F also applies and controls to the extent of any conflict.

G.11 Your Indemnity. Section 18 applies in full to a Work Study, including to any claim arising from your listing of a person you were not entitled to list or did not tell, or from a use you make of a Participant's entries.

26. Contact

JEMS Enterprises, LLC 28106 Bouquet Canyon Rd Unit #114 Santa Clarita, California 91350 United States