TrueWave
Legal
Last changed 2026-09-07
Version terms-of-use-2026-09-07-v1
Counsel review draft
TrueWave is a brand of Montauk Analytics Inc., a Delaware C-corporation (Company, we, us). These terms cover access to the TrueWave website and creator-content operations platform by creators, client users and staff. [COUNSEL] T0: This version is a review draft. Resolve the marked provisions before relying on it as final contracting language.
[COUNSEL] T1: When you actively accept these terms in an account or onboarding step, you enter an agreement with the Company for platform access. You must be at least 18 and able to contract where you live. An individual accepting commercial terms for a client must have that client's authority. Merely reading this website does not place a campaign order. Review the version shown before accepting; we retain the accepted text and date.
TrueWave operates creator campaigns for brand clients: briefs, scripts, content slots, review, publishing coordination, performance measurement, reporting, client billing and creator payment administration. Your permissions depend on your role and engagement. Clients prepay an agreed monthly commitment and are billed by CPM under the Master Services Agreement and their order. Creators receive the compensation stated in their offer under the Creator Agreement. These are separate commercial relationships; account access alone creates no fee or guaranteed work.
[COUNSEL] T2: We permit you to use the platform for your authorized campaign work during your account's permitted term. Keep your account credentials secure, use accurate identity and contact details, and notify us promptly of suspected unauthorized access. Do not share another person's login, misrepresent your authority, or access another client's data. Do not upload malware, evade access controls, manipulate view counts or payout evidence, or interfere with the service. Do not copy or reverse engineer the platform except where mandatory law permits it. An approved integration must respect its scopes and third-party platform rules.
[COUNSEL] T3: The Company retains its software, workflows and other platform technology. You retain rights in materials you bring to the platform, subject to the rights expressly granted in your campaign or creator agreement. You allow the Company and its service providers to store, process and display those materials as necessary to operate your campaign. Upload only material you have permission to use, including the necessary permissions for people, music and trademarks appearing in content. Assignment of a creator's deliverables and client reuse rights are governed by the creator offer and MSA, not by this general platform permission. We do not obtain ownership of your identity or private payout data through this clause.
Authentication, communication, social platforms and payout services may be supplied by third parties. Creator payout arrangements can include Glide/Noah, SideShift, PayPal and banks. Availability, verification requirements, fees and payout timing depend on the chosen arrangement and must be disclosed in the offer or payment instructions. Read the Privacy Policy for how creator, staff and client-user data is handled. Acknowledging that notice is not blanket consent to optional marketing or every processing activity.
[COUNSEL] T4: Confirm the Company's precise role and partner responsibilities for each rail before launch. These terms make no claim that TrueWave holds a banking, money-transmission or other financial-services licence, or that any balance has deposit insurance. Partner terms apply to the partner's own service; they do not erase the Company's accrued contractual payment obligations.
[COUNSEL] T5: We may restrict access reasonably needed to address compromised accounts, unlawful content or material misuse. Where practicable, we will explain the restriction and how to challenge or remedy it through our contact channel. Access restrictions do not forfeit earned creator compensation or settle a disputed invoice. We may update the platform, but changes to contracted deliverables, rates or already-earned rights require the change process in the applicable agreement. Neither availability of social platforms nor reach, sales, views or conversion is guaranteed. Separate Beta Test Agreement terms apply only to an expressly accepted beta.
[COUNSEL] T6: To the extent permitted by law, platform access is provided as available, without implied warranties of fitness, merchantability or non-infringement. This does not cancel an express delivery, support or payment promise in an order or creator offer. Neither party is liable under these platform terms for indirect or consequential loss. For a claim solely about platform access, each party's aggregate liability is limited to the greater of USD 100 or platform-access fees paid by that user in the preceding twelve months. The applicable MSA or Creator Agreement controls claims about those services and payments. Fraud, intentional wrongdoing, liabilities that cannot legally be excluded, and accrued payment obligations are outside this cap. Counsel must approve the cap, exceptions and enforceability in each market.
[COUNSEL] T7: You may request account closure through our contact channel. Ending access does not terminate a campaign or creator engagement without the notice required by that agreement. Accrued payment, agreed content rights, confidentiality and dispute provisions survive as their terms require. We will publish a new version and seek fresh affirmative acceptance for material contractual changes before applying them to new activity. Previously accepted versions remain identifiable; a new page does not retroactively amend an accepted rate or order.
[COUNSEL] T8: Delaware law governs these terms, excluding its conflict-of-laws rules, subject to protections that your local law does not allow you to waive. The parties submit disputes to state courts in New Castle County, Delaware, or, where federal jurisdiction exists, the United States District Court for the District of Delaware. Confirm cross-border enforceability and local mandatory venues. No arbitration or class-action waiver is imposed by this draft. An executed data-processing addendum controls data-processing conflicts; an agreed order's express departures control commercial terms; the applicable MSA, Creator Agreement or beta terms then control their specific subject matter over these terms. If a provision is unenforceable, the remaining terms continue where lawful. A failure to enforce once does not waive later enforcement.
Contact Montauk Analytics Inc. through hello@truewave.live or the contact page. [COUNSEL] T9: Verify the monitored legal notice mailbox and add the Company's service address before final publication.