Waveform Internet 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 one of three tiers:

• Essential – Cold failover for basic redundancy

• Smart – Selective bonding for critical traffic like video calls, VPNs, and online gaming

• Complete  – Full bonding for all traffic, providing maximum resilience

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:

• Hardware: Either as a one-time purchase or a monthly rent-to-own

• Service: A monthly subscription fee based on your selected tier

• All prices exclude applicable taxes, which are charged where required.

• We may update pricing with 30 days’ notice.

2.2 Cancellations and Refunds

• Service fees are not refundable or prorated once your service is active.

• Hardware refunds before ownership transfer:

• If you cancel before ownership transfers (4 months for purchased hardware, 12 months for rented hardware), we will refund all hardware charges you’ve paid once you return the hardware within 21 days.

• The hardware must be in good working condition.

• If damaged but still usable, a restocking fee of up to $400 may be deducted.

• If the hardware is materially or cosmetically damaged to the point where it cannot reasonably be resold, we may withhold the refund entirely.

• 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.

2.3 Hardware Ownership and Returns

• When signing up, you choose one of two ownership models:

2.3.1 Additional notes:

• “Good condition” means the device powers on, works as intended, and has no major cosmetic damage.

• Ownership transfer applies only to the hardware itself. SIM cards always remain Waveform property and are deactivated after cancellation.

• Hardware ownership does not affect your subscription. 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, regardless of whether you own or rent the hardware.

• If you keep your subscription active, we continue managing your hardware

• If hardware is not returned within 21 days when required, non-return fees apply:

• Backup Internet (1 device): $250–$650

• Waveform Internet (2 devices): $550–$1,150

2.3.2 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.
  

2.4 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.

2.5 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.

2.6 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.

2.7 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.

2.8 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.

2.9 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.

2.10 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 existing 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.

• Complete Tier: All traffic is bonded over multiple WANs with persistent IP, seamless failover, 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: 125 GB/month of bonded traffic

• Complete Tier: 500 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

• Optional $35 per month to add 500 GB bonded data allowance

• Optional $120 per month to add Unlimited bonded data allowance

• Switching bonded traffic to cold failover after the limit is reached

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 exceed your backup SIM allowance (3+ times within 6 months) we may recommend upgrading your backup SIM to:

• 20 GB/month (+$40/month)

• Unlimited (+$70/month)

• 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 Complete 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, and for backup connections in Smart and Complete tiers) 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. Persistent IP

Smart and Complete 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.

5. Acceptable Use

5.1 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.

5.2 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.

5.3 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.

6. Fixed Address Policy

6.1 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.

6.2 Not all addresses qualify for service. 

Availability depends on carrier coverage, network capacity, and our service agreements.

6.3 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.

7. 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 [email protected].

• 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 [email protected].

7.1 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.

8. Termination

8.1 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

8.2 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

8.3 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 8.1 applies.

9. Liability and Disclaimers

9.1 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

9.2 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.

9.3 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.

9.4 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.

10. 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.

10.1 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.

10.2 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 [email protected]. We will honor such requests unless retention is required for legal or operational reasons.

10.3 We use your data to

• Activate, configure, and monitor your service

• Troubleshoot issues and improve performance

10.4 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

10.5 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.

10.6 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 [email protected]. We do not sell personal information.

11. Legal

11.1 Governing Law

This agreement is governed by the laws of California and the United States.

11.2 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 [email protected] or the mailing address in Section 11.5 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.

11.3 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.

11.4 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.

11.5 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

11.6 Contact Details for Legal/Notices

For questions or notices under this agreement, email [email protected] or write to: Waveform, 3411 W Lake Center Dr, Santa Ana, CA 92704, United States

11.7 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:

1. your violation of this Agreement,

2. your illegal or unauthorized use of the service, or

3. your infringement of any third-party rights.

11.8 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

11.9 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.

11.10 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.

11.11 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.

11.12 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.

11.13 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.

12. Definitions

1. 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.

2. Waveform Backup Internet – A version of Waveform Internet designed to work alongside your existing ISP, providing automatic failover when your main connection goes down.

3. Service Tier – The plan type you subscribe to.

1. Essential – Cold failover for basic redundancy.

2. Smart – Selective bonding for critical traffic like video calls, VPNs, and gaming.

3. Complete – Full bonding for all traffic for maximum resilience.

4. Bonding – The process of combining multiple internet connections into a single virtual connection for improved reliability and/or speed, using Peplink SpeedFusion technology.

5. Bonded Data – Traffic sent through bonding tunnels with persistent IP and seamless failover. This traffic counts toward bonded data limits for Smart and Complete tiers.

6. Cold Failover – A backup connection that activates only after the primary WAN fails, typically causing active sessions to drop.

7. 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.

8. 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.

9. Unlimited SIM – A SIM provided with Smart and Complete tiers that has no data cap, throttling, or deprioritization.

10. Backup SIM – The SIM used only for failover in Essential plans, with a specific monthly data allowance.

11. WAN (Wide Area Network) – Any external internet connection, such as fiber, cable, DSL, Starlink, or 5G.

12. Primary WAN – The main connection in your setup, which may be 5G or a third-party wired service.

13. 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.

14. Overage – Usage of bonded data or backup SIM data beyond your plan’s included amount.

15. Ownership Transfer – The point at which you own the hardware outright: after 4 months for purchased hardware or 12 months for rented hardware.

16. Non-Return Fee – A fee charged if you fail to return required hardware after cancellation, or if it is returned too damaged to reuse.

17. Restocking Fee – A fee of up to $400 deducted from your hardware refund if returned hardware is damaged but still usable.

18. Good Condition – Hardware that powers on, functions correctly, and has no significant cosmetic damage.

19. Fair Use – Use of the service in a manner consistent with typical residential or business patterns, without excessive or prohibited activity.

20. Fixed Service Address – The address where your service is registered and optimized to operate. Using the service outside this location is prohibited without approval.

21. Tampering – Any customer action that changes hardware settings, forces factory resets, or alters bonding/WAN configurations in a way that disrupts service.

22. Best-Effort Service – Service provided without guarantees of speed, uptime, or performance, due to reliance on third-party carrier networks.

23. Prohibited Use – Any activity banned under the Acceptable Use section of this agreement, including resale, network abuse, or illegal activity.