Terms of Service

Effective date: July 27, 2026

These Terms of Service (the “Terms”) govern access to and use of the Knoesis platform, websites, and related services (the “Service”), operated by Make Waves Media Co. (“Knoesis,” “we,” “us”). By creating an account, signing an order or service agreement that references these Terms, or using the Service, you (“Client,” “you”) agree to them. If you use the Service on behalf of a business, you represent that you can bind that business.

1. The Service

Knoesis is a marketing intelligence platform for local service businesses. It connects systems a Client already uses — phone and call tracking, shop management / point of sale, website forms, advertising accounts, business listings, and analytics — to measure marketing performance, connect leads and calls to revenue, surface missed or at-risk leads to the Client's staff, and provide AI-assisted analysis, reporting, and market intelligence.

2. Accounts and access

• Account credentials are personal to the individuals the Client authorizes. The Client is responsible for keeping credentials confidential and for activity under its accounts.
• Client staff access (including any client portal) is provisioned by Knoesis or by the Client's administrators. Notify us promptly of any unauthorized use.
• We may suspend access to protect the Service, its data, or other customers, and will restore it once the risk is resolved.

3. Client responsibilities

Because the Service processes information about the Client's own customers and leads (“Consumers”) at the Client's direction, the Client is responsible for having a lawful basis for that processing. In particular, the Client agrees that it will:

• Call recording — provide any notices and obtain any consents required by law for recording and transcribing its phone calls (call-recording laws vary by state, and some require all parties' consent);
• Website measurement — before installing the Knoesis measurement snippet on its website, disclose that tracking in its own privacy policy and provide any cookie or tracking notices and consent mechanisms required where its visitors are located;
• Connected accounts — connect only accounts and systems it is authorized to connect (phone systems, point of sale, Google, advertising, Slack, and similar), and honor those providers' terms;
• Advertising send-back — instruct us to report conversions only to its own advertising accounts, consistent with its obligations to those platforms and to its customers, and maintain honesty of any opt-out lists it provides;
• Staff notifications — use lead alerts (email, Slack, text) for its own business follow-up, and ensure the recipients are its own personnel;
• Lawful use — not use the Service to send unsolicited marketing, harass anyone, violate telemarketing or messaging laws, or process data it has no right to process.

4. Third-party services

The Service depends on third-party platforms the Client connects (for example CallTrackingMetrics, RingCentral, Tekmetric, Google, Meta, Microsoft, Slack) and on our own service providers. Those platforms are governed by their own terms, may change or limit their APIs, and may interrupt data flows; we are not responsible for their acts or omissions, though we will work in good faith to adapt. Connecting a third-party account authorizes us to access it as needed to provide the Service until disconnected.

5. AI features

The Service uses artificial intelligence to transcribe calls, analyze leads and conversations, score and summarize interactions, and answer questions about the Client's business data. AI outputs are probabilistic assessments, not statements of fact. They may be incomplete or wrong, and they are not legal, financial, or professional advice. The Client is responsible for human judgment in acting on them — including employment decisions about its own staff.

6. Data

• Client Data belongs to the Client. The Client grants us the rights needed to host, process, transmit, and display it to provide the Service, including processing with the AI and infrastructure providers described in our Privacy Policy.
• We process personal information in Client Data as the Client's service provider, per the Privacy Policy, and we do not sell it.
• We may use de-identified and aggregated data (which no longer identifies a person or a Client) to operate, benchmark, and improve the Service.
• On termination, the Client may request an export of its data within 30 days; afterward we delete or de-identify Client Data on our normal retention schedule, except records we must keep by law (including opt-out records).

7. Fees

Fees, billing periods, and any usage-based charges (for example scan or data-acquisition costs) are set in the order form or service agreement between the Client and Make Waves Media Co. The platform itself does not process payments. Late or unpaid fees may result in suspension after notice.

8. Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms. This survives termination for three years; trade secrets are protected as long as they remain trade secrets.

9. Intellectual property

Knoesis and its software, models, interfaces, and documentation are owned by Make Waves Media Co. and its licensors. No rights are granted except the right to use the Service under these Terms. Feedback may be used to improve the Service without obligation.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA FROM CONNECTED SYSTEMS WILL BE COMPLETE OR ACCURATE.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE; AND (b) OUR TOTAL LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE FEES THE CLIENT PAID FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO A PARTY'S BREACH OF SECTION 8, A CLIENT'S BREACH OF SECTION 3, OR EITHER PARTY'S WILLFUL MISCONDUCT.

12. Indemnification

The Client will defend and indemnify Make Waves Media Co. against third-party claims arising from the Client's breach of Section 3 (including claims by Consumers about recording, tracking, or messaging done at the Client's direction) or its unlawful use of the Service.

13. Term and termination

These Terms apply while the Client uses the Service or has an active agreement. Either party may terminate for material breach not cured within 30 days of notice. Sections 6 (as to post-termination handling), and 8–14 survive termination.

14. General

• Governing law. These Terms are governed by the laws of the U.S. state in which Make Waves Media Co. is organized, without regard to conflict-of-laws rules, and disputes will be resolved in the state or federal courts located there.
• Changes. We may update these Terms; material changes will be notified through the platform or by email, and continued use after the effective date constitutes acceptance. A signed service agreement controls over these Terms where they conflict.
• Assignment. Neither party may assign these Terms without consent, except to a successor in a merger or sale of substantially all assets.
• Entire agreement; severability; no waiver. These Terms plus any order form and the Privacy Policy are the entire agreement; unenforceable provisions are modified to the minimum extent needed; failure to enforce is not waiver.

15. Contact

Make Waves Media Co. — Knoesis
Email: max@makewavesmediaco.com