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Design Wave Terms of Service

1. Introduction

Last updated 08/10/2026

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".

2. Your Acceptance of this Agreement

These terms of service are entered into by and between You and Procyon Games ("Company," "we," "our," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), including any content, functionality, and services offered on or through Design Wave (the "App").

Please read the Terms of Service carefully before you start to use the App.

By using the App, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the App.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the App, you are subject to the terms of these Terms of Service and responsible for your child's activity on the App.

BY ACCESSING AND USING THIS APP, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;

YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,

YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.

3. Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Continuing to use the App following the posting of revised Terms of Service means that you accept and agree to the changes. Changes to the Terms of Service will be accompanied by a notification in the App. You are expected to check the Terms of Service each time they are updated so you are aware of any changes, as they are binding on you.

4. Your Responsibilities

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE APP AND YOUR DEVICE, INTERNET AND DATA SECURITY.

5. Prohibited Activities

You may use the App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the App:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Submission Standards set out in these Terms of Service.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other persona or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which as determined by us, may harm the Company or users of the App, or expose them to liability.

Additionally, you agree not to:

  • Use the App in any manner that could disable, overburden, damage, or interfere with any other party's use of the App, including their ability to engage in real-time activities through the App.
  • Use any process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the App.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, or any server, computer, or database connected to the App.
  • Otherwise attempt to interfere with the proper working of the App.

6. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:

  • Your device may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Service, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. Our Rights

We have the right, without provision of notice to:

  • Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the App; and
  • Terminate or suspend your access to all or part of the App for any or no reason, including, without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

8. Disclaimers, Liability and Indemnification

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP, ITS CONTENT, AND ANY GOODS, DIGITAL PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the App including, but not limited to, third-party sites and content, any use of the App's content and services other than as expressly authorized in these Terms of Service or any use of any goods, digital products and information purchased from this App.

9. Purchases and Subscriptions

The App is free to download and includes designs you may use at no charge. Certain designs require a purchase before they can be used in a wave. All purchases are made through the Apple App Store and are charged to your Apple Account. We do not collect, process, or store your payment information at any time; Apple does, subject to Apple's own terms and privacy policy.

Purchases are tied to the Apple Account used to make them, not to any account with us. We do not operate user accounts, and we have no ability to look up, alter, transfer, or reinstate your purchases.

Individual Design Purchases

An individual design may be purchased as a one-time, non-consumable in-app purchase. Once purchased, that design remains available to that Apple Account and does not expire or renew. If you delete and reinstall the App, or install it on another device using the same Apple Account, you may recover previous purchases using the "Restore Purchases" option in Settings within the App.

Master Design Pass Subscription

The Master Design Pass is an auto-renewing subscription that unlocks every paid design in the App, including paid designs added during the term of your subscription, for as long as your subscription remains active. It is offered in two options: a monthly subscription and an annual subscription. Both provide identical access and differ only in billing period and price.

The current price of each option, in your local currency, is displayed within the App before you complete a purchase and is also shown on the App Store. Prices vary by region and may change as described below.

Automatic Renewal

  • Payment is charged to your Apple Account at confirmation of purchase.
  • Your subscription automatically renews at the end of each billing period unless auto-renewal is turned off at least 24 hours before the end of the then-current period.
  • Your Apple Account is charged for renewal within 24 hours prior to the end of the then-current period, at the price of the option you selected.
  • You may manage your subscription and turn off auto-renewal at any time in your Apple Account settings, or from the "Manage Subscription" option in Settings within the App.
  • Turning off auto-renewal does not end your current period. You retain access to paid designs until the end of the period you have already paid for, after which access to paid designs you have not separately purchased will end.

Free Trial

We may offer an introductory free trial. If a free trial is offered and you accept it, your subscription begins at the end of the trial and your Apple Account is charged at the then-current price unless you turn off auto-renewal at least 24 hours before the trial ends. Apple permits one introductory offer per subscription group per customer, so switching between the monthly and annual options does not entitle you to an additional free trial. Any unused portion of a free trial is forfeited if you purchase a subscription before the trial ends.

Changing Between Options

The monthly and annual options belong to a single subscription group, and you may hold only one at a time. Switching between them is handled by Apple: an upgrade takes effect immediately with a prorated credit applied by Apple, and a downgrade takes effect at the end of your current billing period.

Price Changes

We may change subscription prices. Where a price increase applies to your existing subscription, Apple will notify you in advance and, where required, will not renew your subscription at the higher price without your consent, in accordance with Apple's policies. Any price change takes effect at the start of the next billing period following notice. If you do not agree to a new price, you may turn off auto-renewal before your next renewal date.

Family Sharing

The Master Design Pass may be shared with the members of your Family Sharing group where Apple makes that feature available. Enabling or disabling Family Sharing, and the eligibility of members, is controlled by Apple.

Refunds and Cancellation

All purchases and subscription charges are processed by Apple, and all refund requests are handled by Apple, not by us. We cannot issue, approve, or deny refunds. You may request a refund through Apple at reportaproblem.apple.com or through your Apple Account settings, subject to Apple's refund policies and applicable law. Except where required by law, purchases are otherwise non-refundable, and we do not provide partial refunds or credits for a partially used billing period.

If Apple refunds or revokes a purchase, the corresponding access ends and the affected designs return to preview-only.

Availability of Designs

Designs may be added to the App over time. We may also modify or discontinue a design, including a paid design, for example where a license, platform capability, or technical dependency changes. We will not do so arbitrarily, but the App is provided on the basis set out in Section 8 and we do not guarantee that any particular design will remain available indefinitely. If we discontinue a design you purchased individually, your remedy is limited as set out in Section 8 and to any refund Apple may provide.

Statutory Rights

Nothing in this Section limits any non-waivable statutory rights you may have as a consumer under the laws of your country of residence, including any statutory right of withdrawal or cancellation.

10. Governing Law

The App and these Terms of Service will be governed by and construed in accordance with the laws of the State of California and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this App and/or under these Terms of Service will be instituted in the courts of the State of California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.

11. Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.

12. Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.

13. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

14. Notice

We may provide any notice to you under these Terms of Service by posting a notification within the App.