WAVE APP TERMS OF USE

Last Updated: September 13, 2022

Treatment Technologies & Insights, Inc. (“TTI”) is a patient data and insights company based in California, United States, with a goal of providing a platform for registered users (“you” or “User(s)”) to track and learn from their personal health or treatment activities and experiences, and contribute their anonymized health information to a collective and analyzable data-base of various health circumstances, diseases, and treatments and to amass a better understanding and knowledgebase about what patients experience over the course of their respective treatment journeys.

By using TTI’s proprietary software application Wave App and other related applications and services of TTI (collectively, “Services”), Users signify their assent to these Terms of Use (“Terms”). If you do not agree to all of these Terms, do not use TTI Services.  If these Terms are being accessed through the websites located atwww.chemowave.com, www.wavehealth.app, or www.tti.care, then references in these Terms to the “Services” shall include these websites and all content and services contained therein.

Please note that TTI reserves the right to modify these Terms at any time, and without prior notice, by posting an amendment to the Terms of Use. TTI encourages users of the Services to review these Terms periodically for any updates.

Users may also be directed to use (and elect to use) the Services by one or more third parties, including, but not limited to, research or medical-related non-profit institutions, or healthcare organizations, pharmaceutical companies, and medical device companies, in connection with their participation in a specific project, trial or other treatment (“Project”).  If a User has consented to participation in a Project and uses the Services in connection therewith (“Project User”), additional information and terms about the use of the Services in connection with the Project are included in a Supplemental User Agreement to be consented by the Project User.  In the event of any conflicts between the terms contained in these Terms and the Supplemental User Agreement, with respect to the Project User, the Supplemental User Agreement supersedes and controls.  At any time, a Project User may withdraw their consent to participation in the specific Project but elect to continue using the Services. In such case, the terms of these Terms shall apply and such withdrawn Project User shall become a User. 

These Terms are effective upon posting.

BASIC TERMS

You must be 18 years or older to use the Services.

You are responsible for any activity that occurs under your user name.

You are responsible for keeping your password secure.

You must not abuse, harass, threaten, impersonate or intimidate other TTI users.

You may not use the TTI Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos and profiles ("User Content") that you submit, post, and display on the TTI Service.

You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with TTI.

You must not access TTI’s private API by any other means other than the TTI Services itself.

You must not crawl, scrape, or otherwise cache any content from the Services including but not limited to user profiles and photos.

You must not create or submit unwanted email or comments to any TTI members ("spam").

You must not transmit any worms or viruses or any code of a destructive nature.

You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of any of these agreements will result in the termination of your TTI account. While TTI prohibits such conduct and content on its Services, you understand and agree that TTI cannot be responsible for the content posted on its Services and you nonetheless may be exposed to such materials and that you use the TTI Services at your own risk.

GENERAL CONDITIONS

TTI reserve the right to modify or terminate the TTI Service for any reason, without notice at any time.

TTI reserves the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, TTI will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at TTI’s sole discretion, in good faith and using common sense and reasonable judgement.

TTI reserves the right to refuse service to anyone for any reason at any time.

TTI reserves the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

TTI may, but have no obligation to, remove content and accounts containing content that TTI determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

TTI reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

PROPRIETARY RIGHTS

TTI does not claim any ownership rights in the text, files, images, photos, video, or any other materials that you post on or through the TTI Services (collectively, "User Content"). By displaying or publishing ("posting") any content on or through the TTI Services, you hereby grant to TTI a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Content, including without limitation distributing part or all of the site in any media formats through any media channels.

You represent and warrant that: (a) you own the User Content or otherwise have the right to grant the license set forth in this section; (b) the posting and use of your User Content on or through the TTI Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person; and (c) the posting of your User Content on the TTI Service does not result in a breach of contract between you and a third party. 

The TTI Services contain content, including, but not limited to, all data, materials, text, graphics, images, outcomes, patient profiles and information from any third parties (collectively, “TTI Content”). TTI Content is protected by copyright, trademark, patent, trade secret and other laws, and TTI and its licensors own and retain all rights in the TTI Content and the TTI Services. TTI hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TTI Content (excluding any software code) solely for your personal use in connection with using the TTI Services and sharing in any social media your experience using TTI Services.  Any special rules for the use of certain software and other items accessible on the Services may be included elsewhere within the Services and are incorporated into these Terms by reference.

Title to the Services and TTI Content remains with TTI or its licensors. Any use of the TTI Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to TTI and its licensors.

If you violate any of these Terms, your permission to use the TTI Content automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

TTI performs technical functions necessary to offer the TTI Services, including but not limited to transcoding and/or reformatting content to allow its use throughout the TTI Services.

Although the TTI Services are normally available, there will be occasions when the TTI Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of TTI. Also, although TTI will normally only delete content that violates these Terms, TTI reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by TTI in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, TTI encourages you to maintain your own backup of your User Content. In other words, TTI is not a backup service. TTI will not be liable to you for any modification, suspension, or discontinuation of the TTIServices, or the loss of any content.

THE SERVICES DO NOT PROVIDE MEDICAL ADVICE

All TTI Content and the Services are for informational purposes only. Neither the TTI Content nor any services you may access through using the Services are intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding your health or treatment. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on the Services.

If you think you may have a medical emergency, call your doctor or emergency services immediately. TTI does not recommend or endorse any specific tests, physicians, products, services, procedures, opinions, or other information that may be contained in the Services. Reliance on any information provided by TTI, TTI employees, others appearing on the Services at the invitation of TTI, or other visitors to the Services is solely at your own risk.

ACCEPTABLE AND LAWFUL USE OF THE SERVICES

You should not submit or upload any information to the Services that is or could be construed as being: (a) false, inaccurate, or misleading; (b) vulgar, obscene, or indecent; (c) infringing upon any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) defamatory, libelous, threatening, abusive, hateful, or pornographic. You may not use the Services to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

You represent and warrant that the information you provide when registering as a User, and all information that you subsequently provide regarding your health, behaviors, opinions, activities, experiences and survey responses is accurate and not misleading.

CHILDREN'S PRIVACY

TTI is committed to protecting the privacy of children. Users should be aware that the Services are not intended or designed to attract children under the age of 13. TTI does not collect personally identifiable information from any person TTI actually knows is a child under the age of 13.

PERSONAL USE ONLY

The Services and all TTI Content contained therein are for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Users without TTI’s express written consent. You may not solicit or promote any products or services within the Services. You may not publicly display, distribute, publish, or otherwise disseminate the Services or any Content contained therein without TTI’s prior written consent.

PRIVACY

Providing the Services requires collecting and using your information. The TTI Privacy Policy (“Privacy Policy”) explains how your identity and information are protected, outlines your rights regarding TTI’s use of your personal information, and clarifies what information is shared with third parties and under what circumstances, including, but not limited to, research or medical-related non-profit institutions, or care organizations, pharmaceutical companies and medical device companies.  You must agree to the Privacy Policy to use the Services..

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TTI’sCopyright Agent (listed below) with the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at TTI Services; (c) a description of the location on the Services of the allegedly infringing material(s); (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If content you submitted has been removed as a result of a notification as described above and you believe that such content or portion of content was posted lawfully, please contact TTI about TTI’s counter-notification procedure through which you can dispute the allegation and request re-posting of the content at issue.

All notices of alleged copyright infringement and requests about the counter-notification procedures should be directed to TTI’s Copyright Agent at support@tti.care. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be deemed valid.

LOGIN DETAILS

You are responsible for maintaining the security and confidentiality of your login details, and you are solely responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, you do so at your own risk that they might share personal information that you would consider private. You agree to immediately notify TTI of any unauthorized use of your membership password or login or any other breach of security.

LINKS TO OTHER APPLICATIONS OR WEBSITES

The Services may contain links to other third-party websites or applications that are not under the TTI’s ownership or control. The inclusion of any link does not imply endorsement by TTI of such application or website and TTI is not responsible for the content of such linked applications.  Your access and use of these third party websites or applications are at your own risk.

ACCOUNT TERMINATION

TTI may, with or without cause, immediately terminate your account or limit or terminate your access to your account or the Services in its sole discretion at any time and without the necessity of notice, including for the following reasons: (a) your breach or violation of these Terms or other incorporated agreements or guidelines; (b) in order to comply with a judicial order, or request by law enforcement or other government agency; (c) upon your request (i.e., account cancellation); (d) unexpected technical issues or problems; and (e) extended periods of inactivity. TTI is not under any obligation to maintain, store, or transfer your information or data posted on or uploaded to the Services upon your account termination.

DISCLAIMER & LIMITATION OF LIABILITY

TTI AND ITS LICENSORS AND BUSINESS PARTNERS DISCLAIM ANY AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) RELATING TO THE SERVICES, AND ANY CONTENT AND SERVICES CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED ASSURANCES OF FITNESS FOR A PARTICULAR USE OR PURPOSE (EVEN IF THE PARTICULAR USE OR PURPOSE IS DISCLOSED TO TTI IN ADVANCE), NON-INFRINGEMENT, AND ANY ASSURANCES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE. YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT OR SERVICES CONTAINED THEREIN, IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTI DOES NOT WARRANT THAT ACCESS TO THE SERVICES, OR ANY CONTENT OR SERVICES CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.

IN NO EVENT WILL TTI AND ITS LICENSORS AND BUISNESS PARTNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, OR ANY CONTENT OR SERVICES CONTAINED THEREIN (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF TTI HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. TTI’S TOTAL LIABILITY TO YOU HEREUNDER SHALL NOT EXCEED $100.00.  

INDEMNITY

You will indemnify, defend, and hold harmless TTI (including, without limitation, TTI’s affiliates, licensors, business partners and its and their officers, directors, personnel, professional advisors and agents) for, from and against any and all losses, expenses, costs, liabilities, damages, claims, suits, and demands arising from or attributable to your acts or omissions, including, without limitation, any claims alleging infringement of any intellectual property or privacy right; and any breach of these Terms.

NOTICES

If you register as a user of the Services, you agree that TTI may send notices to you by email at the email address you provide.  TTI’s marketing emails tell you how to “opt-out.” If you opt out, TTI may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you. Notifications can be disabled through your mobile device operating system.

GENERAL

Waiver.  No failure or delay by either party in exercising any right under the Terms, including the Privacy Policy, will constitute a waiver of that right. No waiver under the Terms or the Privacy Policy will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability.  These Terms, including the Privacy Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of these Terms, including the Privacy Policy, is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms or Privacy Policy will remain in effect.

Assignment.  You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of TTI. TTI may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of TTI’sassets.

Governing Law; Venue; Waiver of Jury Trial; Fees.  These Terms are governed by the laws of the state of California and the applicable federal laws of the United States of America, without regard to the United Nations Convention on the International Sale of Goods and any conflicts of laws rules. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of California, and you also hereby waive any right to jury trial in connection with any action or litigation in any way arising out of or related to these Terms, including the Privacy Policy. In any action or proceeding to enforce rights under these Terms, including the Privacy Policy, the prevailing party shall be entitled to recover all costs and expenses, including, without limitation, its reasonable attorneys’ fees.

Entire Agreement.  These Terms, inclusive of the Privacy Policy (and the Supplemental User Agreement  if you are a Project User) and any terms incorporated by reference into these Terms, constitute the entire agreement between you and TTI and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any terms contained elsewhere within the Services, these Terms will take precedence and control, followed by the provisions in referenced terms elsewhere (e.g., the Privacy Policy).

Survival.  The sections titled “Acceptable and Lawful Use of the Services,” “Use of Materials,” “No Interference with Operation of Application,” “Link to Other Applications or Websites,” “Disclaimer,” “Limitation of Liability”, and “General” will survive any termination or expiration of these Terms.

If you have any questions or comments, or to report violations of these Terms, please let TTI know by emailing TTI at: support@tti.care.

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