Terms & Conditions

1. Acceptance of Terms

By accessing or using the website at thoughtwavesoft.com (the "Website"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree with any part of these Terms, you must not use the Website. These Terms apply to all visitors, users, and others who access the Website or engage with Thoughtwave Software and Solutions Inc. ("Thoughtwave," "we," "us," or "our") services.

2. Eligibility

You must be at least 18 years of age to use this Website. By using the Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

3. Use of Website

You agree to use the Website only for lawful purposes related to our services. You shall not:

• Attempt to gain unauthorized access to any portion of the Website, related systems, or networks
• Transmit malware, viruses, or any code of a destructive nature
• Scrape, crawl, or harvest content from the Website without written permission
• Misrepresent your identity or affiliation with any person or entity
• Interfere with or disrupt the Website's functionality, servers, or networks
• Use automated systems (bots, scrapers) to access the Website without authorization
• Violate any applicable local, state, national, or international law or regulation

4. Intellectual Property

All content on this Website — including text, graphics, logos, images, software, source code, page layout, and design — is the property of Thoughtwave or its licensors and is protected by United States and international copyright, trademark, and intellectual property laws. No part of the Website may be reproduced, distributed, modified, or transmitted without prior written permission from Thoughtwave.

"Thoughtwave," "SwarmHR," "QuantumWave Technologies," and associated logos are trademarks of Thoughtwave Software and Solutions Inc. Unauthorized use is prohibited.

5. Services and Information

The information provided on this Website is for general informational purposes only and does not constitute a binding offer, professional advice, or guarantee of service availability. Thoughtwave reserves the right to modify, suspend, or discontinue any service or content at any time without prior notice.

6. SMS Text Messaging

If you provide your phone number through our Website or services, you may receive text messages including appointment confirmations, job-related updates, and service alerts. By providing your phone number, you consent to receive these communications. Message and data rates may apply based on your carrier plan.

• You may opt out at any time by replying "STOP" to any message
• For help, reply "HELP" or contact us at info@thoughtwavesoft.com
• We do not share your phone number with third parties for marketing purposes
• Message frequency varies based on your interaction with our services

7. User Submissions

Any materials you submit through the Website — including resumes, inquiries, feedback, or other content — are considered non-confidential unless otherwise agreed in writing. By submitting information, you grant Thoughtwave a non-exclusive, royalty-free right to use, process, and store such information for the purposes for which it was submitted (e.g., recruitment, service inquiries).

Personal data within submissions is handled in accordance with our Privacy Policy.

8. No Employment Guarantee

Submission of a resume, application, or any employment-related inquiry through the Website does not guarantee an interview, job offer, placement, or project assignment. All hiring decisions are made at Thoughtwave's sole discretion.

9. Third-Party Links and Services

The Website may contain links to third-party websites or integrate third-party services (including the SwarmHR careers portal). These are provided for your convenience only. Thoughtwave is not responsible for the content, privacy practices, or availability of third-party sites. Your use of third-party sites is governed by their own terms and policies.

10. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, INFORMATION, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, THOUGHTWAVE DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Thoughtwave does not warrant that the Website will be uninterrupted, error-free, or free of harmful components. Content may change without notice.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THOUGHTWAVE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, DATA, OR BUSINESS OPPORTUNITY.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by applicable law (including under GDPR, DPDP Act, or consumer protection legislation).

12. Indemnification

You agree to indemnify, defend, and hold harmless Thoughtwave and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your violation of these Terms, misuse of the Website, or infringement of any third-party rights.

13. Termination

Thoughtwave reserves the right to suspend or terminate your access to the Website at any time, with or without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise inappropriate. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) will remain in effect.

14. Force Majeure

Thoughtwave shall not be liable for any failure or delay in performance resulting from events beyond our reasonable control, including natural disasters, pandemics, cyberattacks, government actions, utility failures, labor disputes, or disruptions to internet infrastructure.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois.

For EU residents: Nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence. You may bring proceedings in the courts of your habitual residence.

For India residents: To the extent required by the DPDP Act and applicable Indian law, disputes may also be resolved through the mechanisms established by the Data Protection Board of India and competent Indian courts.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid while preserving its intent.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thoughtwave regarding the use of the Website. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

18. Changes to These Terms

Thoughtwave reserves the right to update these Terms at any time. Changes will be posted on this page with an updated "Effective Date." Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

19. Contact Information

If you have questions about these Terms & Conditions, please contact us: