Terms and Conditions

TERMS AND CONDITIONS

Last Updated

August 13, 2026

Terms Version

2026.08.13.3

Company Legal Business Name

Theta Wave Blue Media LLC

Company Agreement Abbreviation

TWBM

Company Principal Address

137 West    Bridge Street, Suite 145, Homestead, Pennsylvania 15120

Phone

(412) 352-3343

Email

norman.domek@thetawaveblue.com

Website

www.thetawaveblue.com

Governing State

Pennsylvania

Venue County

Allegheny County

1. AGREEMENT TO THESE TERMS

These Terms and Conditions ("Terms") are between Theta Wave Blue  Media LLC ("TWBM", "we," "us," or "our") and the person or organization that accesses, purchases, uses, or receives our products or services ("you" or "Customer"). Our principal business address is 137 West Bridge  Street, Suite 145, Homestead, Pennsylvania 15120. Our website is www.thetawaveblue.com.

By completing a purchase, creating an account, signing an order or proposal that incorporates these Terms, checking an acceptance box, or otherwise expressly accepting these Terms, you agree to them. Simply visiting a public webpage may also be subject to reasonable website-use provisions, but purchases and paid services should use affirmative acceptance at checkout or in a signed agreement. If you do not agree, do not complete the purchase or use the applicable paid service.

2. WHAT THESE TERMS COVER AND WHICH DOCUMENT CONTROLS

These Terms apply to our website, digital products, physical products, subscriptions, memberships, consulting, creative services, educational content, media, software-enabled services, and other products or services that link to or incorporate them.

Specific project documents may add or change terms. If documents conflict, the more specific signed or accepted document controls the subject it specifically addresses. A signed services agreement or statement of work controls project scope and pricing; an Intellectual Property Agreement controls IP ownership and licensing; a Mutual Nondisclosure Agreement controls confidentiality; a specific offer or checkout page controls product-specific price, delivery, refund, or subscription details; and these Terms fill the remaining gaps.

3. ELIGIBILITY AND AUTHORITY

You must be at least 18 years old and legally able to enter a contract. If you purchase or accept on behalf of an organization, you represent that you have authority to bind that organization. You agree to provide accurate, current information and to update it when necessary.

4. PRODUCTS, SERVICES, AND AVAILABILITY

We work to describe products and services accurately, but images, colors, examples, mockups, dimensions, features, timelines, availability, and specifications may vary. We may correct errors, update descriptions, limit quantities, change or discontinue offerings, or refuse an order when reasonably necessary. A proposal, order, checkout page, or written project scope may contain more specific commitments.

5. PRICING, PAYMENT, AND TAXES

You agree to pay the price, taxes, shipping, and other charges shown at checkout or in the applicable order or agreement. Unless otherwise stated, prices are in U.S. dollars. You authorize us and our payment providers to charge the payment method you provide. We may correct a genuine billing error and will handle any material correction fairly and as required by law.

Past-due amounts may pause delivery, access, licensing, publication, transfer, meetings, or further services. Stopping, blocking, reversing, or disputing a valid payment is not a cancellation method. If a valid charge is reversed, the account is treated as unpaid and the payment-hold rules in Section 6 apply. This does not limit your right to dispute a genuinely unauthorized or incorrect charge.

6. SUBSCRIPTIONS AND RECURRING BILLING

If an offer renews automatically, we will disclose the price, billing frequency, renewal terms, and cancellation method before you buy. By affirmatively accepting the recurring charge, you authorize us to charge the payment method on file until you cancel or the subscription otherwise ends. Cancellation stops future renewals after the effective cancellation date; it does not erase amounts already due.

PAYMENT & SUBSCRIPTION RULES AT A GLANCE

Active subscription = current payment. A subscription pays for access to services during the active billing period. Unless the offer specifically says otherwise, unused work, meetings, production time, support, or capacity do not roll over, accumulate, or bank for later use.

Failed payment = immediate Payment Hold. If a payment fails, is blocked, reversed, or becomes past due, we may immediately stop work, meetings, revisions, delivery, publication, licensing, and access to shared workspaces or files. No work accrues while the account is inactive.

After 7 calendar days = reactivation. If the account is not brought current within 7 calendar days, the reactivation fee disclosed in the applicable subscription offer, order, or fee schedule will apply before work restarts. After payment, the account returns to our current production schedule. The prior queue position and deadlines are not guaranteed and may move by more than the length of the hold.

Verified payment-security exception. If a payment problem results from a stolen or compromised card, fraud, hacking, a bank security replacement, or a similar security event, notify us promptly. We may ask for reasonable redacted proof, such as an issuer fraud alert or replacement-card notice. Do not send full card or account numbers, PINs, passwords, or login credentials. If we approve the exception in writing, we may waive the reactivation fee and may preserve access or scheduling at our discretion. The account must be brought current within 10 calendar days of the failed payment, or by another date we approve in writing, or the normal Payment Hold rules apply.

Cancellation and shared files. If you cancel, paid access normally continues through the end of the already-paid period unless the offer says otherwise. When the subscription becomes inactive, access to our shared folders, workspaces, subscription libraries, working files, and ongoing service resources ends. Download or request delivery of Client-owned final deliverables before access ends. Ending shared access does not take away ownership or license rights already granted under an Intellectual Property Agreement or other written agreement.

We may keep internal archival copies for legal, accounting, security, backup, operational, or recordkeeping purposes, but we do not promise indefinite customer access or future restoration after access ends.

Simple rule: No   active payment means no active work. A verified payment-security event can be   handled by a written TWBM exception.

7. CANCELLATIONS, RETURNS, AND REFUNDS

A specific offer, checkout page, proposal, or signed agreement may state its own cancellation, return, or refund rules, and those specific rules control. Unless a specific offer states otherwise and to the extent permitted by law:

• Digital products and immediate-access content. Sales are final after access, download, delivery, or substantial digital fulfillment because the product cannot practically be returned, except where law requires a refund or we expressly promise one.

• Custom and professional services. Amounts attributable to work already performed, completed milestones, reserved production time, or non-cancellable third-party costs are not refundable. Any unearned amount will be handled under the applicable project agreement or, if none exists, on a reasonable case-by-case basis.

• Physical products. Product-specific return rules shown at purchase control. If none are stated, contact us promptly about an incorrect, damaged, or materially defective item so we can determine an appropriate replacement, credit, or refund as required by law and the circumstances.

• Subscriptions. Cancellation prevents future renewals after the effective cancellation date. Already-paid periods are non-refundable unless the offer or law requires otherwise. Cancellation does not create a right to bank unused work or continue shared-service access after the paid period ends.

8. CUSTOMER MATERIALS, CONFIDENTIAL INFORMATION, AND FEEDBACK

You keep ownership of content, files, data, logos, photographs, recordings, business information, and other materials you provide to us ("Customer Materials"). You give us permission to use and process Customer Materials as reasonably needed to provide the purchased services and as otherwise permitted by an applicable NDA, Intellectual Property Agreement, Privacy Policy, or project agreement. You represent that you have the rights and permissions needed to provide those materials.

Feedback about our products or services is different from Customer Materials. If you voluntarily give us suggestions, ideas, ratings, or feedback that are not confidential and are not part of your protected Client Materials, you give us a perpetual, worldwide, royalty-free right to use that feedback to improve and promote our business without compensation.

9. AI-ASSISTED SERVICES AND TECHNOLOGY

We use artificial intelligence, machine learning, automation, transcription, analytics, and other technology in our workflows. Depending on the service, these tools may help organize, summarize, analyze, transform, generate, edit, retrieve, or create information, plans, reports, documents, websites, images, graphics, audio, video, media, code, recommendations, and other outputs. We may use third-party technology providers to perform these functions.

For custom work involving confidential or extensive Client Materials, an applicable Mutual Nondisclosure Agreement, Intellectual Property Agreement, Privacy Policy, and project agreement may provide additional permissions and protections. AI-assisted output can contain errors and may require human review. Unless we expressly agree otherwise, you are responsible for final approval of factual claims, regulated content, business decisions, and legal or professional conclusions before publication or reliance.

10. OUR INTELLECTUAL PROPERTY

Unless a written Intellectual Property Agreement or project document expressly says otherwise, we own or license our website, branding, source materials, templates, frameworks, prompts, workflows, methods, systems, software, code, automations, models, databases, training materials, designs, text, audio, video, photographs, graphics, and other proprietary content (collectively, "Company Content").

When you lawfully purchase or receive Company Content, we grant only the license reasonably necessary for the use described in the offer or applicable agreement. You may not copy, resell, publish, share, sublicense, distribute, reverse engineer, extract, train another system on, or use Company Content to create a competing product, template, system, or service except as expressly permitted in writing. Rights in custom Final Deliverables are governed by the applicable Intellectual Property Agreement or project-specific document.

11. PROHIBITED USES

You may not use our website, products, services, accounts, or content to violate law; infringe another person's rights; introduce malware or harmful code; bypass security or access controls; scrape or systematically extract protected content without permission; impersonate another person; obtain credentials improperly; interfere with service operation; harass or harm others; or use our proprietary materials to compete with us in a way that violates these Terms or another agreement.

12. THIRD-PARTY SERVICES, LINKS, AND MATERIALS

Our services may use or link to third-party payment processors, hosting providers, software, AI tools, social platforms, stock media, plugins, APIs, marketplaces, or other services. Those third parties have their own terms, privacy practices, licenses, availability, and security. We are not responsible for a third party's independent acts, outages, policy changes, or content, although we will use reasonable care in selecting providers when they are part of our service.

13. PRIVACY AND DATA

Our Privacy Policy describes how we collect, use, disclose, retain, and protect personal information and is incorporated into these Terms when applicable. Additional confidentiality or data-use duties may appear in an NDA or project agreement. Shared folders and workspaces are service-access tools, not permanent storage. Keep your own copies of important final materials unless we expressly agree to provide backup or archival services.

14. NO GUARANTEED BUSINESS RESULT

We will perform agreed services in a professional manner, but business, marketing, publishing, technology, creative, educational, and consulting work involves judgment and factors outside our control. Unless we expressly guarantee a specific result in writing, we do not guarantee sales, revenue, rankings, audience growth, approvals, registrations, media performance, search results, legal outcomes, or any other particular business result. Examples, forecasts, recommendations, and prior results are not promises of future performance.

15. DISCLAIMERS

To the fullest extent permitted by law, products, website features, and general informational content are provided "as is" and "as available" except for warranties expressly stated in a specific agreement or warranties that cannot legally be disclaimed. We disclaim implied warranties to the extent the law allows, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes a warranty or consumer right that applicable law does not allow us to exclude.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, neither Theta Wave Blue  Media LLC nor its owners, employees, contractors, or agents will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, loss of business opportunity, or loss of data, arising from the products or services, even if the possibility was known.

To the fullest extent permitted by law, our total aggregate liability arising out of a particular purchase, service, or event will not exceed the greater of (a) the amount you paid us for the product or service directly giving rise to the claim during the six months before the event giving rise to the claim, or (b) $100. This limitation does not apply to liability that applicable law does not allow us to limit or exclude.

17. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Theta Wave Blue  Media LLC and its owners, employees, contractors, and agents from third-party claims, losses, liabilities, damages, and reasonable legal costs arising from (a) Customer Materials you provided without sufficient rights or permissions; (b) your unlawful or unauthorized use of our products, services, or Company Content; (c) your material breach of these Terms; or (d) your violation of another person's rights. We may participate in the defense with counsel of our choosing, and you may not settle a claim in a way that admits wrongdoing by us or imposes an obligation on us without our written consent.

18. SUSPENSION, TERMINATION, AND CHANGES

We may suspend or terminate access to a service or account for material breach, nonpayment, unlawful use, security risk, abuse, or conduct that threatens our systems, rights, customers, or providers. Suspension may include stopping production, disabling shared-file access, cancelling meetings, or removing work from the active production queue. When the issue is resolved, restart timing is based on current availability unless we agree otherwise in writing. We may make a reasonable written exception when circumstances justify it, including an approved payment-security exception under Section 6.

We may update products, website features, prices, or these Terms. Material changes will apply prospectively, and we will provide notice or obtain renewed consent when required by law or when the nature of the change reasonably calls for it. We will keep the Terms version tied to each completed purchase or acceptance as part of the transaction record.

19. DISPUTE RESOLUTION - INDIVIDUAL ARBITRATION AND JURY-TRIAL WAIVER

Please read this section carefully. For covered disputes, you and TWBM agree to resolve covered disputes through individual binding arbitration instead of a lawsuit in court. A neutral arbitrator - not a judge or jury - decides the dispute, so each Party gives up the right to a court trial and jury trial for covered disputes.

Before starting arbitration, the complaining Party must send written notice describing the dispute and requested resolution and allow at least 30 days for a good-faith effort to resolve it informally. If unresolved, either Party may start individual arbitration administered by the American Arbitration Association (AAA) under the rules that apply to the transaction and claim. Unless law or applicable AAA rules require another location, arbitration will occur in Allegheny County, Pennsylvania, or remotely if permitted.

This arbitration requirement does not prevent either Party from bringing an eligible individual claim in small-claims court, seeking emergency or injunctive relief to protect intellectual property, confidential information, security, or against unauthorized use, or pursuing a claim that applicable law says cannot be arbitrated.

To the fullest extent permitted by law, covered disputes must be brought only on an individual basis. Neither Party may pursue a class action, class arbitration, collective action, or representative action for a covered dispute. If a court determines that the arbitration or class-waiver provision is not enforceable for a particular claim, that claim will proceed in a court with jurisdiction, and the remaining enforceable provisions will continue to apply.

20. GOVERNING LAW AND COURT VENUE

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law rules, except where federal law or another mandatory law controls. For disputes that are not subject to arbitration, the Parties consent to exclusive venue in the state courts located in Allegheny County, Pennsylvania, or the United States District Court for the Western  District of Pennsylvania, unless applicable law requires otherwise.

21. ELECTRONIC COMMUNICATIONS, ACCEPTANCE, AND RECORDS

You agree that electronic communications, records, notices, contracts, and signatures may be used for transactions with us to the extent permitted by law. An electronic checkbox, button, signature, purchase record, email confirmation, or comparable electronic action may be used as evidence of acceptance when it clearly identifies the terms being accepted. We may retain records showing the date, version, account, order, email, and other transaction information associated with acceptance.

22. MISCELLANEOUS

If a provision is found unlawful or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue. Our failure to enforce a provision once is not a waiver of the right to enforce it later. You may not assign your rights or obligations under these Terms without our written consent, except where applicable law says otherwise. We may assign these Terms in connection with a merger, reorganization, sale of assets, financing, or transfer of the applicable business or service. No partnership, employment, joint venture, or agency relationship is created merely by these Terms.

23. CONTACT US

Questions about these Terms, a purchase, or a complaint may be sent to:

Theta Wave Blue  Media LLC; 137 West Bridge  Street, Suite 145, Homestead, Pennsylvania 15120; Phone: (412) 352-3343; Email: norman.domek@thetawaveblue.com; Website: www.thetawaveblue.com.

Version 2026.08.13.3 | Last Updated August 13, 2026