Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the website located at https://www.soaringwave.lol (the Site), engaging our computer systems design, integrated systems engineering, IT consulting, or related professional services (the Services), or otherwise interacting with Soaring Wave, operating under the legal entity Kunming Xiang Fei Lan Trading Co., Ltd. with its registered address at No.91 Xin Yuan Road, Dong Hua Street, Pan Long District, Kunming - 650000, China (CN) (referred to as Soaring Wave, we, us, or our), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the Terms). If you do not agree to these Terms, you must immediately cease all use of the Site and Services. These Terms constitute a legally binding agreement between you and Soaring Wave.

We reserve the right to update, modify, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site or Services following the posting of revised Terms constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for updates. We may also notify you of material changes via email or through a prominent notice on our Site.

2. Description of Services

Soaring Wave provides professional services in the fields of computer systems design and related services, computer integrated systems design, and professional scientific and technical services. Our Services include but are not limited to systems architecture design and consulting, integrated systems engineering and deployment, custom software development and integration, cybersecurity assessment and compliance services, cloud infrastructure and network design, IT strategy consulting and digital transformation planning, technical due diligence and systems auditing, and maintenance and support services for deployed systems. The specific scope, deliverables, timeline, and pricing for any engagement are set forth in a separate written agreement, statement of work, or service contract executed between Soaring Wave and the client (the Service Agreement). In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall govern.

3. Eligibility and User Obligations

By using the Site and Services, you represent and warrant that you are at least eighteen years of age and have the legal capacity to enter into a binding contract. If you are using the Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. You agree to provide accurate, current, and complete information when interacting with our Site and Services, to maintain the confidentiality of any account credentials and to notify us immediately of any unauthorized use, to use the Site and Services only for lawful purposes and in compliance with all applicable laws and regulations, to not engage in any activity that disrupts, damages, or impairs the operation of the Site or Services, to not attempt to gain unauthorized access to any part of the Site, its servers, or any associated systems or networks, and to not use any automated means including bots, scrapers, or crawlers to access or collect data from the Site without our express written permission.

4. Intellectual Property Rights

All content, materials, designs, graphics, logos, icons, code, software, text, images, and other elements displayed on or incorporated into the Site and Services (collectively, the Content) are owned by or licensed to Soaring Wave and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws. The Soaring Wave name, logo, and all related product and service names are trademarks of Soaring Wave or its affiliates. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without our prior written consent, except as expressly permitted by these Terms or applicable law. Nothing in these Terms shall be construed as transferring any intellectual property rights to you.

With respect to deliverables created specifically for a client under a Service Agreement, intellectual property ownership provisions shall be as set forth in the applicable Service Agreement. Unless otherwise specified, Soaring Wave retains ownership of all pre-existing intellectual property, methodologies, tools, frameworks, and know-how used in the performance of Services, and grants the client a non-exclusive, non-transferable license to use such pre-existing materials solely as incorporated into the deliverables.

5. Confidentiality

In the course of providing Services, Soaring Wave may receive confidential or proprietary information from clients, including business strategies, technical specifications, trade secrets, financial data, customer information, and other sensitive materials (Confidential Information). Soaring Wave agrees to hold all Confidential Information in strict confidence, to not disclose Confidential Information to any third party without the disclosing partys prior written consent, to use Confidential Information solely for the purpose of performing the Services, and to protect Confidential Information using at least the same degree of care used to protect its own confidential information but in no event less than reasonable care.

6. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Soaring Wave, its parent company Kunming Xiang Fei Lan Trading Co., Ltd., its directors, officers, employees, agents, partners, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, loss of goodwill, business interruption, or cost of substitute services, arising out of or in connection with the use of or inability to use the Site or Services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if advised of the possibility of such damages. In any event, the aggregate liability of Soaring Wave for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to Soaring Wave during the twelve-month period immediately preceding the event giving rise to the claim, or one thousand US dollars (USD 1,000.00), whichever is greater.

7. Disclaimer of Warranties

The Site and Services are provided on an as is and as available basis without any warranties of any kind, either express or implied. To the fullest extent permitted by law, Soaring Wave disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and quiet enjoyment. Soaring Wave does not warrant that the Site or Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that any defects or errors will be corrected, or that the results obtained from the use of the Services will be accurate, reliable, or meet your requirements. You use the Site and Services at your own risk and discretion.

8. Indemnification

You agree to defend, indemnify, and hold harmless Soaring Wave, its parent company Kunming Xiang Fei Lan Trading Co., Ltd., its officers, directors, employees, agents, partners, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys fees) arising out of or relating to your use of or access to the Site or Services, your violation of these Terms, your violation of any third-party rights including intellectual property or privacy rights, or your violation of any applicable law, regulation, or rule.

9. Termination

We reserve the right to suspend or terminate your access to the Site and Services, in whole or in part, at any time, with or without cause, with or without notice, effective immediately. Upon termination, all rights granted to you under these Terms shall cease, and you must immediately discontinue all use of the Site and Services. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, confidentiality obligations, limitation of liability, disclaimers, indemnification, and governing law provisions.

10. Third-Party Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Soaring Wave. We do not endorse or assume any responsibility for the content, privacy policies, practices, products, or services of any third-party websites or services. You acknowledge and agree that Soaring Wave shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of any third-party website, application, or service.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the Peoples Republic of China, without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation within thirty calendar days, it shall be submitted to binding arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its rules then in effect. The arbitration shall take place in Kunming, Yunnan Province, China, and shall be conducted in the English language. The arbitral award shall be final and binding on both parties. Each party shall bear its own costs and fees in connection with the arbitration, unless otherwise awarded by the arbitrator. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

12. Force Majeure

Soaring Wave shall not be liable for any delay or failure to perform its obligations under these Terms or any Service Agreement resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, epidemics or pandemics, labor disputes, telecommunications or internet service failures, power outages, or failures of third-party service providers (each a Force Majeure Event). In the event of a Force Majeure Event, the affected partys obligations shall be suspended for the duration of the event, and the time for performance shall be extended accordingly.

13. General Provisions

Entire Agreement. These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and Soaring Wave regarding the Site and Services and supersede all prior agreements, understandings, and communications, whether written or oral.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms freely without restriction.

Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Soaring Wave. You have no authority to bind Soaring Wave in any respect.

Notices. Any notices required or permitted under these Terms shall be in writing and delivered to Soaring Wave at No.91 Xin Yuan Road, Dong Hua Street, Pan Long District, Kunming - 650000, China (CN), or via email to info@soaringwave.lol. We may provide notices to you via email to the address you have provided or by posting on the Site.

14. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us at:

Soaring Wave / Kunming Xiang Fei Lan Trading Co., Ltd.
No.91 Xin Yuan Road, Dong Hua Street, Pan Long District
Kunming - 650000, China (CN)
Email: info@soaringwave.lol
Phone: +19363399528
Website: https://www.soaringwave.lol