TERMS OF USE FOR HEALTHCARE PROFESSIONALS
Last Updated: 08 June, 2023
Wave Health ("the App") and Wave Connect are owned and operated by Treatment Technologies & Insights, Inc., located at 300 Continental Blvd. STE 420; El Segundo CA 90245, with federal ID number 82-5442058 ("TTI," "us," or "we"). Please carefully review these terms and conditions as they govern your use of the App and other TTI Services. By downloading, accessing, or using the App, Wave Connect or other TTI Services, you acknowledge and accept that you are fully bound by the current terms and conditions.
These terms and conditions ("Healthcare Professional Terms") apply to you if you are an Individual Clinician accessing and using Wave Connect for your own purposes, or if you obtain access to Wave Connect through your employing service provider or contracting organization.
If you are a Patient or Caregiver, you are strictly prohibited from accessing or using Wave Connect. The terms and conditions governing the download, use, and/or access to our platform (via the Wave Health App) for Patients or Caregivers are outlined in the App Terms of Use.
We will process any personal information obtained from your use of the platform in accordance with our Privacy Policy, which details the information we collect and the reasons behind it. We kindly ask you to read this policy carefully to understand our perspective and practices regarding your personal data and its treatment.
Please ensure that you carefully read and comprehend these Healthcare Professional Terms. By accessing or using Wave Connect, you confirm your acceptance of the current version of these Healthcare Professional Terms.
We reserve the right to modify these Healthcare Professional Terms periodically. We will notify you via email about any new terms or changes upon your next use of the platform. We will make reasonable efforts to provide you with a thirty (30) day advance notice of any changes. Your continued use of the platform will be considered as acceptance of the updated terms.
Please pay special attention to the provisions outlined in the sections titled "Declarations" and "Liability" below.
1. DEFINITIONS
The following terms have the corresponding meanings:
"Caregiver" refers to individuals such as friends, family, or other carers of the Patient, excluding the Clinician.
"Wave Connect" pertains to the Wave Connect platform, including any updates or upgrades, accessible at [provide link]. It encompasses related services, information, content, and materials owned or licensed by TTI, made available to you upon your agreement and compliance with these Healthcare Professional Terms.
"Clinician" denotes medical practitioners, healthcare professionals, case managers, or other third parties (including insurer case managers) who require oversight of a Patient but are not directly involved in clinical care or other medical-related services. When we mention "Clinician" in these Healthcare Professional Terms, we are referring to you.
"Patient" refers to the individual for whose primary benefit you are utilizing Wave Connect.
"Patient/Caregiver App" signifies the App, including any updates or upgrades, provided by TTI for download and use by Caregivers and Patients.
"Patient Data" encompasses information concerning a Patient's health, inputted into our platform by the Patient or their Caregiver.
"Patient/Caregiver Terms" represent the standard terms and conditions governing TTI's relationship with Patients and Caregivers, respectively.
"User Content" includes any content or information uploaded by you to our platform, including Wave Connect.
2. DECLARATIONS
ENTERPRISE USERS
For Enterprise Users accessing Wave Connect through their employing service provider or organization's license, your access and use of Wave Connect are strictly limited to your personal use and the use of your employing service provider or organization. Please note the following guidelines for using Wave Connect as an Enterprise User:
You acknowledge and understand that these Terms of Use, the App Terms of Use, or your use of Wave Connect or a TTI App do not diminish your responsibilities and obligations as a healthcare provider. It remains your sole responsibility, as well as the responsibility of your employing service provider or organization, to provide accurate and relevant healthcare advice and medical treatment to patients in accordance with your professional obligations.
You or your employing service provider or organization must ensure that patients are advised to consult a doctor before utilizing our platform. Ultimately, it is the sole responsibility of the patients and caregivers to determine if the platform is suitable for their specific needs.
INDIVIDUAL CLINICIANS
If you are an Individual Clinician accessing Wave Connect solely for your own use and purposes, please take note of the following:
Access to patient information is contingent upon the patient's explicit consent, and the sharing of such information is governed by our Privacy Policy.
As a medical practitioner or healthcare professional involved in a patient's medical care, it is your sole responsibility to provide accurate and relevant healthcare advice to the patient, in accordance with your ongoing obligations and professional duties. It is your responsibility to ensure that Wave Connect is suitable for your specific needs.
If your employing service provider or organization intends to obtain a license for organization-wide use of Wave Connect, they should inquire about our Enterprise Partnership by contacting us at: support@tti.care.
TTI IS NOT A HEALTHCARE PROVIDER
Please note the following important points regarding TTI, our platform, and the information provided:
TTI is not a healthcare provider. We offer our platform, including Wave Connect, and related products and services to assist patients in managing various aspects of their care and facilitating communication with caregivers, clinicians, and healthcare professionals. Our platform serves as a communication tool, and TTI cannot be held accountable for any information exchanged through it by clinicians, healthcare professionals (including yourself), patients, or caregivers.
Neither TTI nor its technology, including Wave Connect, is designed to diagnose, treat, cure, or prevent any health conditions, nor does it provide recommendations concerning a patient's healthcare or treatment.
The information made available on our platform by TTI or its affiliated third parties should not be considered as medical advice. It is the sole responsibility of patients and caregivers to seek advice from a healthcare provider if they have any questions, concerns, or if the patient's condition worsens.
TTI is not liable or responsible for the accuracy, timeliness, or completeness of any patient data shared on the platform.
PATIENT DATA
Please take note of the following points regarding the use and handling of Patient Data in Wave Connect:
Patients will provide or upload Patient Data for use in Wave Connect. We do not pre-screen or review the Patient Data, and we cannot be held liable or responsible for its accuracy or completeness.
It is your responsibility to thoroughly review the Patient Data and draw conclusions based on your professional obligations. We are not responsible for interpreting or drawing conclusions from the Patient Data; we simply provide access to the data.
You acknowledge that TTI and clinicians are separate controllers of the Patient Data. You must process the Patient Data in compliance with the applicable Data Protection Laws (as defined below).
In the event of a suspected breach of personal data, such as accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to transmitted, stored, or processed Patient Data, you must notify us within 48 hours of becoming aware of the breach. Additionally, you must inform us immediately if you receive any requests from a third party related to Patient Data. You must provide reasonable and prompt assistance in complying with data subject requests, queries, or complaints from a supervisory authority, as required by the Data Protection Laws.
USER REQUIREMENTS
You must register an account for Wave Connect and to do so you must meet our eligibility criteria. Accordingly, you represent and warrant to us that:
You are a registered medical practitioner or healthcare professional, possessing the necessary credentials, accreditations, and legal permissions to practice, including the use of Wave Connect. You acknowledge that you bear full responsibility and liability for the care you provide through Wave Connect.
It is your responsibility to maintain all required registrations, indemnities, and insurance coverage necessary for providing patient care while using Wave Connect.
If applicable, you have obtained permission from your employing service provider, organization, or a valid Wave Connect license-holder to utilize Wave Connect under their Enterprise License.
You are not currently under any restrictions that prohibit you from using Wave Connect.
INFORMATION
It is imperative that you provide accurate information about yourself, including any details submitted on Wave Connect or during the account creation process. Certain features of Wave Connect rely on this information. To maintain a high-quality service, it is important that you regularly update your information on Wave Connect. Failure to do so may result in the tools and content becoming unsuitable for your use of the platform. Please note that we are not responsible for any incorrect or inaccurate information provided by you or any other user of our platform.
3. USING WAVE CONNECT
As per these Healthcare Professional Terms, we will provide you with access to Wave Connect as outlined. You are authorized to utilize Wave Connect for professional and lawful purposes, adhering to these Healthcare Professional Terms.
YOUR USE
You acknowledge and agree that:
TTI is not obligated to monitor the use of Wave Connect but reserves the right to disclose information as required by law, remove, or edit content, block access, or take necessary action to prevent breaches of these Healthcare Professional Terms or applicable laws. TTI will cooperate with law enforcement and relevant authorities regarding investigations of suspected unlawful activity or network security violations.
TTI may modify the format, content, or features of Wave Connect with or without notice.
You must ensure the security of your username and password and not allow others, including colleagues or nurses within your medical group, to use your account.
You have completed the initial training for Wave Connect and are responsible for staying updated on new training provided by TTI. You are accountable for all activities performed through your account.
You have the legal authority to agree to these Healthcare Professional Terms and have obtained permission from your employing service provider or organization to use their Enterprise Subscription for accessing Wave Connect.
Promptly inform us if you discover any unauthorized use of your account.
We reserve the right to disable your user identification code or password, whether chosen by you or assigned by us, if we determine that you have violated any provisions of these Healthcare Professional Terms.
You are strictly prohibited from using or copying any material from Wave Connect for purposes other than those explicitly described in these Healthcare Professional Terms.
TTI may terminate or suspend your access to Wave Connect, immediately if you do not comply with these Healthcare Professional Terms. Upon termination you will have 30 days to retrieve your User Content from Wave Connect.
RESTRICTIONS
You are prohibited, and you guarantee that you will not:
Knowingly introduce malicious or technologically harmful content such as viruses, trojans, worms, logic bombs, or similar materials into Wave Connect.
Engage in any activities that violate local, national, or international laws and regulations. If you access our service from outside the UK, it is your responsibility to ensure its legality and comply with the laws of your country.
Use Wave Connect without proper authorization from your employing service provider or organization.
Use Wave Connect in a manner inconsistent with these Healthcare Professional Terms or your professional obligations.
Engage in unlawful, malicious, fraudulent, or deceptive activities, or use Wave Connect with unlawful, malicious, or fraudulent intentions.
Create a false identity or provide inaccurate, false, or misleading information.
Send or submit material or content that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory, or racially offensive.
Infringe upon our intellectual property rights or the rights of any third party by sending or submitting unauthorized material.
Reproduce, copy, reverse engineer, resell, or duplicate any part of Wave Connect, unless expressly permitted by applicable law.
Unauthorized access, interference, damage, or disruption of any part of Wave Connect, the equipment or networks associated with it, the software used for its provision, or any third-party equipment, network, or software.
If you breach any of these terms, all rights granted to you under these Healthcare Professional Terms will be terminated immediately.
4. INTELLECTUAL PROPERTY
TTI’s PLATFORM
We own or have licensed all intellectual property rights related to our platform, including Wave Connect, and any content, materials, or information within it (excluding User Content). Subject to your compliance with these Healthcare Professional Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to access and use Wave Connect in accordance with these terms. However, apart from what is expressly stated in these terms, you do not acquire any ownership rights in the intellectual property owned by TTI or its licensors by using Wave Connect.
Without our express written consent, you are not allowed to include or create links to or from Wave Connect, or modify or remove any copyright, trademark, or other intellectual property notices present in Wave Connect.
CONTENT
You are solely responsible for your User Content. These Healthcare Professional Terms do not grant TTI any ownership rights over the User Content. By using Wave Connect, you grant TTI a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use your User Content for delivering Wave Connect to you and improving our platform. However, we will only use fully anonymized and aggregated User Content for platform development purposes.
TTI does not have control or monitoring over User Content posted on our platform. Therefore, TTI does not provide any representation or warranty regarding the accuracy, completeness, currency, correctness, reliability, integrity, usefulness, quality, fitness for a specific purpose, or originality of any User Content or data.
5. THIRD PARTY INTERACTIONS
While using Wave Connect, you may engage with advertisers or sponsors, purchase goods and services, or participate in promotions. Any such activities and associated terms, conditions, warranties, or representations are solely between you and the relevant third party.
TTI and its licensors are not liable or responsible for any correspondence, purchases, or promotions between you and third parties. TTI does not endorse any third parties or linked websites on the Internet through Wave Connect. Third-party links and access are provided for convenience, and TTI and its licensors are not responsible for the advice, content, products, or materials offered by such companies or websites.
6. LIABILITY
We are not liable for death or personal injury caused by the negligence of our employees, agents, or subcontractors, or for fraudulent misrepresentation.
We shall not be liable under these Healthcare Professional Terms for the following types of loss: (i) loss of profit or revenue; (ii) loss or damage to software or data; or (iii) indirect, consequential, or special loss or damage.
Our liability to you shall not exceed $100 US Dollars or equivalent in local currency.
All warranties, representations, conditions, and other implied terms are excluded from these Healthcare Professional Terms to the fullest extent permitted by applicable law.
As a medical professional, it is your responsibility to address concerns with a Patient or their Caregiver and take appropriate action. TTI is not a healthcare provider and is not responsible for any advice provided through or in connection with Wave Connect.
Wave Connect may provide content from various sources for which we are not responsible. The information provided by Wave Connect should not be relied upon as authoritative advice. Please verify information with us or the relevant source before taking any action.
7. OTHER TERMS
Patients or Caregivers may share confidential or sensitive information with you through Wave Connect and the Caregiver/Patient App. As a healthcare professional, you must maintain confidentiality and take reasonable measures to prevent unauthorized disclosure or use of such information. Disclosure is only allowed if necessary to fulfill your obligations or required by law.
These Healthcare Professional Terms constitute the entire agreement between us, replacing any previous agreements or representations. Our decision to waive a specific right under these terms on one occasion does not waive that right on future occasions. If any part of these Healthcare Professional Terms is deemed invalid or unenforceable by a court, it does not affect the validity or enforceability of the remaining terms.
You cannot transfer or assign your rights and obligations under these Healthcare Professional Terms without our prior written permission. To contact us regarding these Healthcare Professional Terms, please email us at support@tti.care.