Terms of Use

Effective Date: January 16th, 2025

1. Introduction

These Terms of Use ("Terms") govern your access to and use of Consequence.app and Consequencetool.com (the "Services"), which are operated by Reckless Wave LLC ("Company," "we," "us," or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. Use of this website also signifies your acceptance of our Privacy Policy.

2. Eligibility

You must be at least 16 years of age to use this website. If you are under the age of 16 you are not permitted to use this website. If you are over the age of 16 but under the age of 18, use of this website requires you to have the consent of your parent or guardian. You represent and warrant that you are at least 16 years old (or of legal age in your jurisdiction) and have the capacity to enter into a binding agreement.

3. Description of Services

  • Consequence.app (SaaS): A web-based software service offering functionality for data management and integration with your projects.
  • Consequence Client: A downloadable client application that connects with your local Perforce or other source control system and interfaces with Consequence.app.
  • Unreal Engine Uplugin: Contains source code and assets, compiled into your game projects.
  • Open-Source Components: Certain portions of the Software incorporate libraries or components licensed under MIT or other open-source licenses. The applicable open-source licenses apply to those components in addition to these Terms.

4. Account Registration and Security

  • You may be required to register for an account to use certain features. You agree to provide accurate, complete information and to keep your account credentials confidential.
  • You are responsible for all activities that occur under your account.

5. Subscription Plans and Payments

  • We offer monthly and annual subscriptions at different price tiers.
  • Payments are processed through Stripe and subject to Stripe’s own terms and policies.
  • No Refunds: All fees paid are non-refundable. Upon cancellation, your subscription will remain active until the end of the billing cycle.

6. License and Intellectual Property

  • License Grant: Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable license to use the Services and the associated Software solely for your internal business or personal use.
  • Restrictions: You may not (i) reverse engineer, decompile, or disassemble the Services, except to the extent explicitly permitted by law; (ii) sublicense or resell the Services; or (iii) remove any proprietary notices or labels.
  • Open-Source Notices: Certain components of the Software may be subject to open-source licenses. Where those licenses explicitly grant you broader rights than these Terms, those open-source licenses will control solely with respect to those components.

7. User Content and Data

  • Data Ownership: You retain all rights to any data, files, or other materials ("User Content") you upload or transmit through the Services.
  • Your Responsibility: You represent and warrant that you have the right to upload or transmit such User Content and that doing so does not violate any laws or third-party rights.

8. Acceptable Use

You agree not to use the Services:

  • For any unlawful, fraudulent, or malicious purpose;
  • To infringe or violate the intellectual property rights of any person or entity;
  • To upload, distribute, or transmit viruses or other harmful code;
  • In any way that disrupts or interferes with the Services or servers.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted or error-free, or that any defects will be corrected.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RECKLESS WAVE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES.

In no event shall our total liability exceed the amount you paid us in subscription fees in the six (6) months preceding the event giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Reckless Wave LLC and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; or (iii) your violation of any law or the rights of any third party.

12. Modifications to the Services and Terms

We reserve the right to modify or discontinue any part of the Services at any time, with or without notice. We may also update these Terms from time to time. Your continued use of the Services after any update constitutes your acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the state or federal courts located in Sacramento, California, for any disputes arising out of or relating to these Terms or your use of the Services.

14. Other Agreements

If you have a separate written agreement with us (e.g., a custom enterprise contract), that agreement will supersede these Terms to the extent of any conflict.

15. Severability and Waiver

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior agreements.

17. Contact Information

For any questions about these Terms, you may write to us at:

Reckless Wave LLC
2108 N St, Ste N
Sacramento, CA 95816
United States