Terms of Service
Effective Date: The date your order is placed.
This is a legally binding agreement between you (“you,” “the customer”) and Staircase 3, Inc., doing business as Waveform (“Waveform,” “we,” or “us”). By placing an order, activating service, or using Waveform Internet, you agree to these terms.
1. Service Overview
Waveform Internet is a fully managed, fixed-location internet service that delivers seamless, reliable internet by combining pre-configured enterprise-grade hardware with bundled connectivity over multiple networks, including 5G and wired (fiber, cable, DSL, or satellite) links.
We offer two service types:
- Waveform Backup Internet – Works alongside your existing ISP to provide automatic failover if your main internet connection goes down.
- Waveform Internet – A complete replacement for unreliable or unavailable ISPs, using bonded performance to deliver stable speeds.
Each service comes in tiers. Waveform Internet offers Essential, Smart, and Smart+; Waveform Backup Internet offers Essential and Smart:
- Essential – Cold failover for basic redundancy
- Smart – Selective bonding for critical traffic like video calls, VPNs, and online gaming
- Smart+ – Selective bonding across an additional modem and carrier for greater bandwidth and redundancy (Waveform Internet only)
Wireless service is fully integrated into the system and cannot be separated, resold, or used without the Waveform hardware and management service.
2. Billing, Refunds, Hardware Ownership, and Returns
2.1 Billing
- Charges begin on the day your order is placed.
- You are billed for:
- Service: A monthly subscription fee based on your selected tier, which includes rental of your hardware
- Hardware (optional upfront): You may instead buy your hardware outright with a one-time charge, in exchange for a permanently lower monthly fee
- All prices exclude applicable taxes, which are charged where required.
- We may change pricing, or add, change, or retire plans, at any time — with at least 30 days’ notice for any change to a plan you are currently on. How we handle plan changes and legacy plans is described in Section 10.
2.2 Hardware Ownership and Returns
When signing up, you choose how to get your hardware — buy it outright, or rent it as part of your plan:
| Hardware Option | What It Is | If You Cancel Within 30 Days | If You Cancel After 30 Days |
|---|---|---|---|
| Pay Upfront (Own) | You own the hardware outright from the moment of purchase. | Return it for a full refund of hardware and service. | It’s yours to keep — nothing to return. SIMs are deactivated and we remove it from our management platform. |
| Included (Rental) | Your hardware is rented and bundled into your monthly service for as long as you subscribe. You do not own it. | Return it for a full refund of service. | Return the hardware within 21 days. It remains traceable by us until we receive it back. |
2.2.1 Additional notes:
- Ownership applies only to hardware bought upfront, and only to the device itself. SIM cards always remain Waveform property and are deactivated after cancellation.
- Whether you own your hardware or rent it, bonding, monitoring, SIM service, and remote management are provided only while your Waveform subscription is active.
- If you cancel service, those services stop and SIMs are deactivated. Rented hardware must be returned; owned hardware is yours to keep.
- If you keep your subscription active, we continue managing your hardware.
2.2.2 Risk of Loss
Risk of loss or theft passes to you upon confirmed delivery to your shipping address, by our shipping carrier partners. You are responsible for loss, theft, or damage after delivery, except for defects covered by warranty.
2.3 Cancellations and Refunds
- 30-day risk-free return: Within 30 days of activation, you may cancel and return your hardware for a full refund of hardware and service.
- After 30 days:
- Service fees are not refundable or prorated.
- If you bought your hardware upfront, it is yours — there is nothing to return, and the hardware charge is non-refundable.
- If your hardware is included (rented), you must return it within 21 days of cancellation. The bundled hardware rental is part of your (non-refundable) service, so no separate hardware refund is due.
- Returned hardware must be in good condition; restocking and non-return fees are detailed in Section 2.4.
- Shipping fees are refunded only for verified defects.
- Refunds are issued to your original payment method within 10 business days after we receive and approve your return.
2.4 Non-Returns and Restocking
Any hardware you return must be in good condition — meaning it powers on, works as intended, has no major cosmetic damage, and includes its original packaging and accessories.
- If hardware is returned damaged or otherwise not in good condition — for example, missing its original packaging or accessories — a restocking fee of $100–$400 per device may be deducted from your refund, depending on the condition.
- If hardware is too damaged to be resold, we may withhold the refund entirely.
- If hardware is not returned within 21 days when required, a non-return fee applies, based on the number of devices:
- Backup Internet (1 device): $650
- Waveform Internet (2 devices): $1,150
- Waveform Internet Smart+ (3 devices): $1,650
2.5 Payment Failures
- If your payment method fails, we will notify you and retry automatically.
- If payment is not received after 7 days, your service may be suspended.
- If payment is not received after 14 days, we may terminate your service and charge any applicable non-return fees.
- You are responsible for all fees related to collections, chargebacks, or disputes with your payment provider.
2.6 Warranty Coverage
- All Waveform-provided hardware is manufactured by Peplink and covered under Peplink’s Limited Warranty and any applicable Peplink Care Plan for the duration of your active Waveform subscription.
- Standard Warranty – Peplink warrants hardware against defects in materials and workmanship for 12 months from shipment or registration, as outlined in Peplink’s Limited Warranty Policy.
- Care Plans – Waveform provides and maintains an active Peplink Care Plan for the duration of your subscription, ensuring extended warranty coverage and support from Peplink throughout your service term.
- Software – All Peplink software (including SpeedFusion) is licensed and provided “as is” without warranty.
- Exclusions – Warranty coverage does not apply to damage caused by misuse, modification, abnormal stress, electrical surges, weather exposure, or other exclusions listed in Peplink’s published warranty terms.
- Warranty Process – All warranty claims must be submitted through Waveform. We will coordinate directly with Peplink on your behalf to process repair or replacement requests. Customers should not attempt to contact Peplink directly for warranty service.
2.7 Add-Ons and Accessories
- Any add-ons or accessories sold by Waveform — including but not limited to external antennas, upgraded modems, mounts, window-entry kits, adapters, or other installation hardware — are not covered under this agreement.
- These items are subject to Waveform’s standard warranty and return policies as specified at the time of sale. Ownership, warranty coverage, and return obligations for add-ons differ from those for Waveform Internet hardware and are handled separately.
2.8 SIM Cards
- SIM cards and eSIMs are provided as part of your managed subscription.
- All SIMs remain the property of Waveform and may not be removed, reused, or transferred.
- We may remotely deactivate SIMs at any time, including after cancellation.
2.9 Trial Periods and Promotions
- From time to time, Waveform may offer trial periods, introductory pricing, or other promotions.
- Unless stated otherwise, all standard terms apply during trials.
- Trial plans will automatically convert to full subscription plans unless canceled before the end of the trial.
2.10 Software and Firmware
- The hardware may include firmware and software licensed by Waveform or third parties, including Peplink and SpeedFusion components.
- You receive a limited, non-exclusive, non-transferable, revocable license to use such software solely with the hardware and the service, for the duration of active service.
- You do not acquire any ownership rights. You may not copy, modify, reverse engineer, or sublicense the software. Your use is subject to applicable third-party license terms, including Peplink and SpeedFusion terms as updated by the vendor from time to time, available at www.peplink.com/support/policies.
- We may push updates or patches automatically.
2.11 Credit Authorization
- We may, at our discretion, verify your identity and assess credit risk before shipping hardware or activating service. This may include obtaining consumer reports or making soft credit inquiries in accordance with applicable law.
- Soft inquiries do not affect your credit score, do not appear on credit reports visible to lenders, and do not create a record of a formal credit application.
- By ordering the service, you authorize us to perform such soft inquiries. Shipment or activation of service may be conditioned on successful verification.
3. Speeds, Performance, and Data
3.1 Best-Effort Service
- Waveform Internet is provided on a best-effort basis. We do not guarantee specific speeds, latency, or uptime for any part of the service, whether you are using 5G, bonded connections, or additional WANs you have connected.
- We do not guarantee uninterrupted service or specific performance levels. Service may be disrupted due to outages, maintenance, network congestion, or external interference.
- Performance depends on many factors outside our control, including:
- 5G signal quality, tower load, and network congestion
- Local interference or environmental conditions
- The quality, speed, and stability of any third-party WANs you connect (e.g., fiber, cable, DSL, Starlink)
- The way different WANs interact when bonded — some combinations may limit speeds or cause instability
- While we actively monitor and optimize the Waveform-managed WANs in your setup, we cannot monitor, configure, or improve the performance of any third-party WANs you add. These can improve reliability in some cases, but they can also reduce performance, stability, or bonding efficiency.
- Waveform does not throttle or deprioritize traffic on our side. However, speeds may be limited by your physical location, network conditions, bonded traffic caps, or the policies of upstream providers. Carrier partners may apply their own network management practices to 5G SIMs, and any third-party ISPs you connect to our hardware may impose limits or throttling that are outside of Waveform’s control.
3.2 Performance Expectations by Tier:
- Essential Tier: Uses your primary ISP as the primary connection. 5G backup only activates during outages and takes 1–10 seconds to switch.
- Smart Tier: Critical traffic (like Zoom, VPNs, VoIP, and gaming) is routed over bonded connections with persistent IP and instant failover. General traffic (web browsing, streaming) uses your primary ISP and cold-failovers if needed. Bonded traffic is typically capped at ~150 Mbps bonded speed due to encryption and bonding overhead.
- Smart+ Tier: Same selective bonding as Smart — critical traffic routed over bonded connections with persistent IP and instant failover — with an additional modem and carrier for greater bandwidth and redundancy. Bonded traffic is capped at ~150 Mbps bonded speed.
3.3 Bonded Data Limits
- Bonded Data refers to traffic routed through Speedfusion bonding tunnels, providing seamless failover and a persistent IP. Bonded traffic is capped based on your plan to manage infrastructure costs associated with encrypted, duplicated traffic.
- Smart Tier: 250 GB/month of bonded traffic
- Smart+ Tier: 250 GB/month of bonded traffic
- All other traffic is truly unlimited.
- If you exceed your allowance fewer than three times within a six-month period, we may, at our discretion, cover the overage at no charge.
- Repeated overages (3+ times within 6 months) may result in plan change recommendations, or bonded traffic switching to cold failover after the limit is reached.
- Need more bonded data? You can add a bonded-data top-up at any time — see Section 4 (Top-Ups).
3.4 Essential Tier SIM Data
- Essential tier plans include one backup SIM that is used only when your primary WAN (e.g., fiber, cable, DSL, or Starlink) is down.
- Included data: 10 GB/month for the backup SIM.
- If you exceed your allowance fewer than three times within a six-month period, we may, at our discretion, cover the overage at no charge.
- If you regularly need more than the included 10 GB, you can upgrade your backup SIM to unlimited at any time — see Section 4 (Top-Ups).
- This Essential tier SIM is only for failover. It is not used for everyday traffic unless your primary WAN fails. For continuous bonded or dual-WAN use, you’ll need a Smart or Smart+ tier plan, which includes unlimited SIMs used full-time.
3.4.1 When the backup SIM is used
- It activates automatically during an outage on your primary WAN.
- Once your primary WAN is restored, the SIM goes back into standby.
- If you exceed your data allowance while it’s active, backup service may be suspended until the next billing cycle unless you upgrade.
3.4.2 Unlimited SIMs
- Unlimited SIMs (used for primary 5G connections, for backup connections in Smart and Smart+ tiers, and for Essential plans that add the backup SIM top-up) are truly unlimited. There is no throttling, deprioritization, “fair use” policy, or hidden cap.
- They can handle any amount of traffic during failover without speed reductions.
4. Top-Ups
Top-ups are optional add-ons you can apply to your plan at any time — they are available to all eligible customers, not only after an overage. Top-ups are billed monthly, can be added or removed by contacting support, and are subject to the same Acceptable Use rules as your base plan.
4.1 Bonded Data Top-Ups
Available on Smart and Smart+ tiers, which include bonded data:
- +500 GB bonded data — $25/month. Adds 500 GB to your monthly bonded allowance.
- Unlimited bonded data — $100/month. Removes your monthly bonded data cap entirely.
4.2 Backup SIM Top-Up
Available on Essential tier plans, whose backup SIM is capped at 10 GB/month:
- Unlimited backup SIM — $40/month. Upgrades your Essential backup SIM from 10 GB to unlimited high-priority data.
5. Persistent IP
Smart and Smart+ tiers include a persistent IP for bonded sessions.
- A persistent IP is not the same as a static IP. It does not stay fixed forever, but it does remain the same during WAN failover or bonding events.
- This means your active connections — such as video calls, VPN tunnels, livestreams, or remote desktop sessions — stay connected even if one WAN link drops.
- Your persistent IP may change if the hardware is rebooted, replaced, or reconfigured.
- Essential tier plans do not include a persistent IP. Failover on Essential plans may cause active sessions to drop and reconnect.
6. Acceptable Use
6.1 Prohibited Uses
- Waveform Internet is designed to provide reliable, high-quality internet service for residential and business use. To protect network performance and comply with carrier agreements, you may not use the service for:
- Resale or redistribution – You cannot share the service outside your household or business premises, sell access to others, or use it to provide internet to third parties.
- SIM boxes, PBXs, or bulk traffic systems – No automated bulk calling, messaging, or SIM hosting services.
- Circumventing limits or network management – Attempting to bypass bonded data caps, manipulate traffic routing, or alter device configurations to avoid performance management.
- Fraud, abuse, or illegal activity – Any activity prohibited by law, including hosting illegal content, hacking, or unauthorized access to other networks.
- High-volume hosting of public-facing servers or proxies – Running large-scale public services (e.g., high-traffic web servers, open VPN endpoints, Tor exit nodes). Low-volume personal hosting is acceptable if it does not impact network performance.
- If prohibited use is detected, we may suspend or terminate your service immediately, and depending on the severity, we may also impose non-return fees for hardware and pursue legal remedies.
- We may temporarily suspend service while we investigate suspected abuse.
6.2 Carrier Compliance
- Waveform Internet uses connectivity from multiple carrier partners. By using our service, you agree to comply with the fair use policies and network rules of those carriers.
- To maintain performance and comply with these agreements:
- We may swap SIM cards, change carrier assignments, or adjust bonding profiles at any time.
- If a carrier flags your account for unusual or prohibited activity, we will work with you to resolve it. If resolution is not possible, we may suspend or terminate the affected connection.
- Certain high-risk activities (e.g., operating anonymizing services or large-scale hosting) are more likely to trigger carrier enforcement and are discouraged.
6.3 Regulatory Compliance
- You agree to use the service and hardware in compliance with applicable telecommunications laws and FCC rules.
- Do not modify radio parameters, use non-approved antennas, or operate the hardware in a manner that violates device certification or causes harmful interference.
7. Fixed Address Policy
Waveform Internet is a fixed-location service, optimized for the address you provided at signup.
- Locked service address – Your hardware, SIM provisioning, and bonding profiles are configured for the towers and networks near your registered address.
- Moving your service – If you move, you must contact us so we can retest and reconfigure your hardware. Moving without notice can lead to degraded performance, loss of connectivity, or suspension. We’re happy to assist you with reconfiguring in the event you move.
- No roaming – Using your hardware in another country is prohibited. Our SIMs are provisioned for fixed-location use only.
- No mobile or portable setups – The service is not intended for RVs, boats, or mobile offices.
7.2 Not all addresses qualify for service.
Availability depends on carrier coverage, network capacity, and our service agreements.
7.3 Moving to an Unserviceable Area
If you move to a location where Waveform cannot provide adequate service, as determined by us, you may cancel without penalty. Any hardware you do not own must be returned in good condition within 21 days or non-return fees apply.
8. Support and Management
Waveform Internet is a fully managed service. This means we handle all the technical details for you so your internet stays reliable.
- Support availability – Our expert support team is available Monday–Friday, 6 am–5 pm PT via email at internet@waveform.com.
- 24/7 monitoring – We continuously monitor your hardware for signal quality, WAN status, and bonding performance. Many issues are resolved before you notice them.
- Remote configuration – We make all necessary configuration changes from our side, including:
- Band locking and tower selection
- Carrier switching
- Bonding rules and failover policies
- Wi-Fi name/password updates
- Local access – Router interfaces are locked by default to ensure stability. We can enable local access on request, but this disables remote monitoring and limits our ability to troubleshoot.
- Customer restrictions – Do not alter routing tables, firewall rules, SIM provisioning, or WAN assignments. These changes can break service and may require a paid reconfiguration.
To request changes – such as updating your address, modifying your service tier, enabling router access, or canceling your account – please contact our support team at internet@waveform.com.
8.1 Tampering
If customers repeatedly perform factory resets, alter bonding or WAN settings, or otherwise tamper with the configuration in ways that disrupt service, we may charge a reconfiguration fee to restore the hardware to working order.
9. Termination
9.1 Grounds for Suspension or Termination
We may suspend or terminate your service for any of the following:
- Failure to return hardware when required
- Non-payment or payment disputes
- Fraud, abuse, or prohibited use
- Intentional or repeated damage to or tampering with equipment
- Violations of carrier rules or this agreement
9.2 Service Discontinuation
In rare cases, we may discontinue your service with 90 days’ notice if:
- Our carrier partners stop providing coverage in your area
- Infrastructure changes make service delivery impossible or commercially unviable
- Regulatory requirements change in ways that impact service availability
9.3 Temporary Suspension for Review
- We may temporarily suspend all or part of your service if we reasonably suspect fraud, security incidents, or violations of this Agreement. We will review and, where appropriate, restore service after the investigation.
- If we determine a violation occurred, Section 9.1 applies.
10. Plan Changes and Legacy Plans
We may add, change, rename, or retire plans and pricing over time as our service evolves.
- If we change or retire a plan you’re on, you keep it. As long as your service stays continuously active, you may remain on your current (“legacy”) plan, at its pricing and terms — including any hardware-ownership terms that applied when you signed up.
- Legacy pricing depends on continuous service. If you cancel or let your service lapse, your legacy plan ends; re-subscribing means signing up on whatever plans and pricing are current at that time.
- Switching is optional. We may contact you to recommend moving to a current plan where there’s a benefit to you, but the choice is yours. Moving to a current plan adopts that plan’s then-current terms going forward, and does not change ownership of any hardware you have already paid off.
- We may retire legacy plans with notice. While we intend to honor legacy plans for active customers, we reserve the right to retire one with at least 60 days’ notice, after which we will move you to the closest current equivalent.
View current legacy plans
These plans are no longer sold but continue for existing customers under their original terms. Each pairs a monthly service fee with enterprise hardware you pay off and keep:
- Pay for the hardware upfront and you own it after 4 months of active service; roll it into your monthly bill (rent-to-own) and you own it after 12 months.
- Cancel before you own the hardware, and you return it within 21 days for a full refund of what you’ve paid toward it.
- A restocking fee of up to $400 applies if the hardware comes back damaged, and a unit too damaged to resell may not be refunded.
- Once you own the hardware, it’s yours to keep.
- Feature sets match today’s equivalent plan except where noted.
Waveform Internet, Essential (Legacy)
| Monthly service | $125/month |
|---|---|
| Hardware, upfront | $849.99 one-time |
| Hardware, rent-to-own | +$74/month until owned |
| Bonded data | None — backup SIM only (10 GB/month) |
| Features | Same as Waveform Internet Essential today |
Waveform Internet, Smart (Legacy)
| Monthly service | $165/month |
|---|---|
| Hardware, upfront | $849.99 one-time |
| Hardware, rent-to-own | +$74/month until owned |
| Bonded data | 125 GB/month (today’s Smart includes 250 GB) |
| Features | Same as Waveform Internet Smart today |
Waveform Internet, Complete (Legacy)
| Monthly service | $185/month |
|---|---|
| Hardware, upfront | $849.99 one-time |
| Hardware, rent-to-own | +$74/month until owned |
| Bonded data | 500 GB/month |
| Features | Full bonding with persistent IP — no current equivalent (Complete is retired) |
Waveform Backup Internet, Essential (Legacy)
| Monthly service | $65/month |
|---|---|
| Hardware, upfront | $499.99 one-time |
| Hardware, rent-to-own | +$44/month until owned |
| Bonded data | None — backup SIM only (10 GB/month) |
| Features | Same as Waveform Backup Internet Essential today |
Waveform Backup Internet, Smart (Legacy)
| Monthly service | $105/month |
|---|---|
| Hardware, upfront | $499.99 one-time |
| Hardware, rent-to-own | +$44/month until owned |
| Bonded data | 125 GB/month (today’s Smart includes 250 GB) |
| Features | Same as Waveform Backup Internet Smart today |
Waveform Backup Internet, Complete (Legacy)
| Monthly service | $125/month |
|---|---|
| Hardware, upfront | $499.99 one-time |
| Hardware, rent-to-own | +$44/month until owned |
| Bonded data | 500 GB/month |
| Features | Full bonding with persistent IP — no current equivalent (Complete is retired) |
11. Liability and Disclaimers
11.1 Best-Effort Service
- Waveform Internet is provided on a best-effort basis. While we strive to deliver a reliable connection, Waveform is not liable for:
- Service interruptions or slowdowns caused by carrier outages, environmental factors, or third-party equipment failures
- Service used for life-safety or emergency-critical applications (we strongly recommend maintaining an alternate connection for such use cases)
- Delays or failures caused by events beyond our control, including natural disasters, extreme weather, government actions, labor disputes, cyberattacks, or war
11.2 Limitation of Liability
To the fullest extent permitted by law, Waveform’s total liability for any claim arising out of or relating to the service or this Agreement will not exceed the amounts you paid to Waveform for the service in the twelve (12) months immediately preceding the event giving rise to the claim.
11.3 Excluded Damages
In no event will Waveform be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business interruption, even if we have been advised of the possibility of such damages.
11.4 Exceptions
The limitations above do not apply to liability resulting from Waveform’s gross negligence or willful misconduct, where such exclusions are not permitted by law.
12. Privacy
We take your privacy seriously and only collect the data necessary to deliver and support your service. Our full Privacy Policy is available at: waveform.com/privacy. By using Waveform Internet, you agree to the practices described there, as well as the terms outlined below.
12.1 Data we collect
- Account information – Name, email, phone number, billing and shipping addresses
- Device information – Hardware model, MAC addresses, SIM ICCIDs, signal readings, and total usage (never browsing history or content)
- Support history – Records of communications with our support team
- Payment information – Processed securely by our payment provider (we do not store full credit card numbers)
- Metadata – We share the minimum information required, including usage metadata, with carrier and platform partners as needed to provision, manage, and support your connectivity.
12.2 Data Retention
- We retain customer data only as long as necessary to:
- Deliver and maintain your service
- Comply with legal, regulatory, or contractual requirements
- Resolve disputes or enforce agreements
- After you cancel service, you may request deletion of your data by contacting privacy@waveform.com. We will honor such requests unless retention is required for legal or operational reasons.
12.3 We use your data to
- Activate, configure, and monitor your service
- Troubleshoot issues and improve performance
12.4 We do not
- Sell or rent your personal information
- Monitor or log the details of your online activity (such as websites visited, apps used, or traffic contents). In support instances we might log high-level metrics like total usage or signal quality, but we have no visibility into your browsing history, apps, or specific online behavior.
- Share identifiable information with carriers except as required to deliver service or comply with law
12.5 Security Incidents
If we become aware of a data breach affecting your personal information, we will notify you without undue delay as required by applicable law and will provide information about steps you can take to protect yourself.
12.6 California Privacy Rights
If you are a California resident, you have rights under the California Consumer Privacy Act, including the right to know the categories of personal information we collect and the right to request deletion, subject to exceptions. You may exercise these rights by contacting privacy@waveform.com. We do not sell personal information.
13. Legal
13.1 Governing Law
This agreement is governed by the laws of California and the United States.
13.2 Dispute Resolution and Arbitration
- Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat and venue of arbitration will be Orange County, California. The language will be English. Either party may bring an individual action in small claims court.
- Class and Representative Action Waiver – All claims must be brought in an individual capacity, not as a class or representative action.
- Opt-Out – You may opt out of this arbitration agreement by sending written notice to legal@waveform.com or the mailing address in Section 13.6 within thirty (30) days after activating your service.
- Fees – Each party will bear its own attorneys’ fees and costs, except where a statute provides otherwise or the arbitrator awards fees to the prevailing party as permitted by law.
- Time to Bring Claims – Any claim must be filed within two (2) years after the claim accrues.
13.3 Class and Representative Action Waiver
All claims must be brought in your or Waveform’s individual capacity, not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any class or representative proceeding.
13.4 Changes to These Terms
We may update these terms at any time. If changes are material, we will notify you by email. Continued use after the effective date of the changes means you accept the updated terms.
13.5 Eligibility and Account Use
- You must be at least 18 years old to subscribe
- Service is limited to the registered user and service address
- Accounts may not be transferred, shared across locations, or resold without our written permission
13.6 Contact Details for Legal / Notices
For questions or notices under this agreement, email internet@waveform.com or write to: Waveform, 3411 W Lake Center Dr, Santa Ana, CA 92704, United States.
13.7 Indemnification
You agree to indemnify, defend, and hold harmless Staircase 3, Inc., its affiliates, officers, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your violation of this Agreement,
- your illegal or unauthorized use of the service, or
- your infringement of any third-party rights.
13.8 Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
13.9 Force Majeure
Waveform will not be liable for delays or failures to perform due to events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, public health emergencies, war, terrorism, civil unrest, labor disputes, government actions, supply chain failures, power or internet outages, carrier failures, or cyberattacks. Performance is excused for the duration of the force majeure event and resumes when practicable.
13.10 Entire Agreement
This Agreement constitutes the entire agreement between you and Waveform regarding the service and supersedes all prior or contemporaneous agreements or communications on that subject.
13.11 Assignment
Waveform may assign or transfer this Agreement, in whole or in part, without your consent. You may not assign or transfer your rights or obligations under this Agreement without Waveform’s prior written consent.
13.12 No Waiver
Waveform’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.
13.13 Survival
Sections regarding fees owed, hardware returns, warranty disclaimers, acceptable use, indemnification, liability limits, dispute resolution, class action waiver, assignment, privacy, and this survival clause will survive termination.
14. Definitions
- Waveform Internet – A fully managed, fixed-location internet service provided by Waveform that includes pre-configured enterprise-grade hardware, bundled connectivity over multiple networks, and ongoing monitoring and management.
- Waveform Backup Internet – A version of Waveform Internet designed to work alongside your existing ISP, providing automatic failover when your main connection goes down.
- Service Tier – The plan type you subscribe to.
- Essential – Cold failover for basic redundancy.
- Smart – Selective bonding for critical traffic like video calls, VPNs, and gaming.
- Smart+ – Selective bonding across an additional modem and carrier for greater bandwidth and redundancy (Waveform Internet only).
- Bonding – The process of combining multiple internet connections into a single virtual connection for improved reliability and/or speed, using Peplink SpeedFusion technology.
- Bonded Data – Traffic sent through bonding tunnels with persistent IP and seamless failover. This traffic counts toward bonded data limits for Smart and Smart+ tiers.
- Cold Failover – A backup connection that activates only after the primary WAN fails, typically causing active sessions to drop.
- Persistent IP – An IP address that stays the same during WAN failover for bonded traffic, allowing active sessions to continue without interruption. It may change after a reboot, hardware replacement, or reconfiguration.
- SIM Card / eSIM – Subscriber Identity Module used to connect to a cellular network. All SIMs remain the property of Waveform and are deactivated after cancellation.
- Unlimited SIM – A SIM with no data cap, throttling, or deprioritization, provided with Smart and Smart+ tiers and available on Essential plans via the backup SIM top-up (Section 4.2).
- Backup SIM – The SIM used only for failover in Essential plans, with a specific monthly data allowance.
- WAN (Wide Area Network) – Any external internet connection, such as fiber, cable, DSL, Starlink, or 5G.
- Primary WAN – The main connection in your setup, which may be 5G or a third-party wired service.
- Third Party WAN – A WAN connection not provided by Waveform, such as your existing ISP service. Third-party WANs can be used as the primary or secondary connection in your setup but are outside Waveform’s control for speed, uptime, or quality.
- Overage – Usage of bonded data or backup SIM data beyond your plan’s included amount.
- Hardware Ownership – Hardware bought upfront is owned outright from the moment of purchase. Hardware included with your plan is rented for as long as you subscribe and is never owned; it must be returned if you cancel.
- Non-Return Fee – A fee charged if you fail to return required hardware after cancellation, or if it is returned too damaged to reuse.
- Restocking Fee – A charge of $100–$400 per device deducted from your hardware refund when returned hardware is not in good condition (see Section 2.4).
- Good Condition – Hardware that powers on, functions correctly, has no significant cosmetic damage, and is returned with its original packaging and accessories.
- Fair Use – Use of the service in a manner consistent with typical residential or business patterns, without excessive or prohibited activity.
- Fixed Service Address – The address where your service is registered and optimized to operate. Using the service outside this location is prohibited without approval.
- Tampering – Any customer action that changes hardware settings, forces factory resets, or alters bonding/WAN configurations in a way that disrupts service.
- Best-Effort Service – Service provided without guarantees of speed, uptime, or performance, due to reliance on third-party carrier networks.
- Prohibited Use – Any activity banned under the Acceptable Use section of this agreement, including resale, network abuse, or illegal activity.