WAVE HEALTH APP TERMS OF USE
Last Updated: 26 May 2023
Wave Health (“the App”) is owned and operated by Treatment Technologies & Insights, Inc. located at 300 Continental Blvd. STE 420; El Segundo CA 90245 under federal ID number 82-5442058 ("TTI", "us" or "we"). Please read these terms and conditions carefully, as by downloading, accessing, or using the App or other TTI Services you are accepting that you are bound by the current terms and conditions in full.
1. TTI IS NOT A HEALTHCARE PROVIDER
TTI is not a healthcare provider, and the App is not a medical device. The App is merely a tool that enables you to log and view a range of information relating to the patient’s condition, treatment activities and experiences. This tool will not diagnose, treat, cure, or prevent any health issues or make any recommendations concerning the Patient's healthcare or treatment. The information available on or through the App and/or related Services supplied via or in connection with the App do not constitute medical advice and it is the Patient's sole responsibility to seek advice from a qualified medical professional if the Patient and/or Caregiver have any concerns, or if at any time the Patient feels unwell. It is also the Patient's sole responsibility to determine, through obtaining appropriate medical advice, that such contents and services are suitable for the Patient. In any case, the Patient should consult a doctor before starting to use the App or Services. It is a Caregiver's sole responsibility to contact the Patient if the Caregiver is at any time concerned about the Patient's health or wellbeing and to take the appropriate course of action as the Caregiver sees fit.
LIABILITY: TTI will publish health and cancer or condition-related information through the App or Site such as tips, personal trends, relevant articles, recipes, relevant services or resources, and product recommendations. This informational content may be developed either by TTI or third parties (wherein the intellectual property rights in any third-party materials vest in and belong to that third party or its licensors) and may be provided on a general or personalized basis, based on the information that has been provided to us. We will use reasonable care and skill in providing the informational content above and the Services to you. As long as we have done that, we make no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any such informational content (or Content ) and, subject to the paragraph headed "the law" below, do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of you using or relying on any information on this App or Site or provided through any Service supplied by us to you. We remind you that TTI is not a healthcare provider and it is the Patient's sole responsibility to seek the advice of your healthcare provider if you have any concerns or the Patient at any time feels unwell and the Caregiver's sole responsibility to contact the Patient if the Caregiver is at any time concerned about the Patient's health or wellbeing and to take the appropriate course of action as the Caregiver sees fit.
ACCURACY OF INFORMATION: It is vital that you supply us with correct information about yourself (including any information supplied by you on the App or when creating an account). Some of the Services are based on that information and we cannot be liable for any incorrect information supplied to us by you or any other party with access to your account. To continue to provide you with a high quality of service it is important that you regularly update the health information that you give to us. If you do not do this, the tools and content which we recommend to you may become unsuitable.
THE LAW: We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for any other liability which may not by applicable law be excluded or limited and we do not do so and your statutory rights as a consumer are not affected.
DEVICES: Some of the Services may require the Patient to use sensors / wearable technologies, such as exercise, activity, heart rate, temperature, weight, and blood pressure monitors that are not under TTI's control (Third-Party Connectivity) to access those Services. This may include the opportunity for the Patient to link to the App with the Third-Party Connectivity data. TTI is in no way responsible or liable for any Third-Party Connectivity products, services, or related data (including the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of that data) used in connection with your App/Services. You acknowledge that any Third-Party Connectivity that the Patient uses in connection with the App and/or the Services are not part of the TTI App and/or Service and are not controlled by TTI and the Patient takes sole responsibility and assumes all risk arising from the Patient's interactions with any use of or reliance on any Third-Party Connectivity products, services or data. You also acknowledge that these terms and conditions and TTI Privacy Policy do not apply to Third-Party Connectivity - you are responsible for reading and understanding any terms and conditions and privacy policy that applies to your use of any Third-Party Connectivity.
2. DEFINITIONS
The following definitions apply in these terms and conditions:
"App" means this application (and any update/upgrade to it) that TTI makes available for download from any third-party application store.
"Caregiver" means friends, family members or carers.
"Carer Content" means any content generated by Caregivers or Medical Providers to whom the Patient grants permission to read, amend, add to or otherwise access or use Patient Content and interact with the Patient's TTI experience.
"Medical Provider" means a medical practitioner, a healthcare provider, a medical insurer or other related third party.
"Patient" means the individual for whose benefit a Closed TTI Community may be created, which may in the context be you.
"Patient Content" means any content generated by the Patient during the Patient using the App.
"Services" means any information and services provided by TTI through or via the App (including "in-App" purchases as applicable) and all services offered as part of the membership subscription for example, tools relating to symptom logging and triaging, alerts and notifications, medication, medical management, calendars, journals, 3-way-communication, and timelines.
"Site" means this website or replacement site(s) from time to time.
3. USE OF THIS APP
You may use the App for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the App for any commercial purpose including for selling any goods or services.
You must not use the App to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this App or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the App or damage or destroy the reputation of TTI or any third party. All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of these terms.
The intellectual property rights in the App and TTI Sites and in any content of the App and Sites (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) other than Patient Content or Carer Content ("Materials") are owned by TTI (or its third-party licensors). Except to the extent expressly set out nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App or Site or using the Services.
Except to the extent expressly set out in these terms and conditions you are not allowed to remove or change anything on the App, or remove or change any copyright, trademark or other intellectual property right notices contained in any Materials or copies thereof. "TTI" is a registered trademark or an application for a registered trademark owned by TTI.
TTI accepts no obligation to monitor the use of the App or Sites. However, TTI reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials; to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. TTI will also in its absolute discretion fully cooperate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
TTI may change the format, content or features of the App, Sites or Services from time to time with or without notice to you. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.
The Services are intended for use only by persons who are at least 18 years of age. By using the Services, you confirm to us that you meet this requirement and that, if you are under the age of 18, you have received permission from your parent or guardian before using the App or Services.
4. ADDING CAREGIVERS
Patients may invite Caregivers to join TTI and to view that Patient's profile (see Patient Content, below).
This feature is provided for information only and is NOT an emergency contact feature. Patients must separately provide any emergency contact(s) to their Medical Provider.
5. YOUR PERSONAL INFORMATION
Usage of your personal information is governed by TTI's Privacy Policy, which forms part of these terms and conditions. In the event that TTI undergoes reorganization or is sold to a third party, you agree that any personal information TTI holds about you may be transferred to that reorganized entity or third party and used in accordance with the Privacy Policy.
6. CHARGES
STANDARD PLAN
A Patient [and Caregiver] may download and use the standard features of the App free of charge. A detailed description of the standard features can be viewed in the App and on the Site.
PREMIUM PLAN
(a) Premium plans
A Patient [or Caregiver] may elect to receive paid for premium features (in addition to the free standard features). A detailed description of the premium features and associated pricing plans can be viewed in the App and on the App’s respective Site or App Store Page.
(b) Trial periods
Premium features can be accessed and used free of charge for a trial period which will be clearly specified (at the point of download) to the individual who has elected to receive the paid for premium features for the first time, which will either be the Patient or Caregiver as the context requires ("Paying Party").
(c) Paying the charges
The Paying Party must pay the premium plan charges in accordance with the applicable scenario below:
(i) If the Paying Party is eligible for a free trial period and:
(A) if the Parting Party downloaded the App and first signed up for the paid for premium services via a third party App store (and not using the link on our Site); at the end of the trial period the Paying Party will be automatically charged for the rates in the pricing plan selected by the Paying Party (at the point the Paying Party first downloaded the premium features) on expiry of that promotional period unless you email us on support@TTI.care or
(B) if the Parting Party downloaded the App and first signed up for the paid for premium services using the link on our Site (and not via a third party App store); prior to the end of the trial period, we will send the Paying Party a link to our Site and, if the Paying Party wishes to continue receiving premium features it must elect to receive (and pay for) one of the plans at the associated rates specified on the Site on and from the end of the trial period. If the Paying Party does not elect to receive (and pay for) the premium plan in accordance with these terms; access to the premium features by the Paying Party will terminate at the end of the trial period.
(ii) If the Paying Party is not eligible for a free trial period or does not wish to use the free trial period offered to it, the Paying Party will be automatically charged for the rates in the pricing plan selected by the Paying Party (at the point the Paying Party first downloaded the premium features) regardless of whether the premium features were accessed via a third party App store or using the link on our Site.,
(d) Pricing models
The premium features will be available for purchase for varying commitment periods (e.g., 3 months, 6 months or one year) and you may have a choice of paying an up-front fee for such periods or to pay monthly or on an annual basis as stated on the Site and App. Additionally, we may offer other promotional premium services which offer a one off up-front payment fee (e.g., for 3 months) with a commitment to subscribe for e.g., the following 9 months. Monthly subscription may be available with a specified number of months' commitment, or with no commitment.
(e) Payment
The Paying Party is fully liable for the costs associated with the selected premium plan (Premium Charges) except where, if applicable, it has requested that another party pays (and becomes fully liable for) those Premium Charges (in full), and that other party has agreed (and we have seen valid confirmation of such).
Payment for the Premium Charges will be made via the Site or within the App in accordance with the procedure and pricing explained on the App’s dedicated Site. Information displayed on the App, Site or the third-party application store as to pricing and availability is subject to change by TTI without notice (although the price of a plan for a fixed period will not change for the duration of that period). The premium services will be available for use immediately once you have downloaded the App and the Premium Charges have been paid for either in respect of the Paying Party.
We will collect all fees due from the Paying Party's debit/credit card nominated to us upon registration unless we are notified that the Paying Party has changed (and new valid debit/credit card details have been provided to us along with the appropriate authority) or have reason to believe that the Patient's circumstances may have changed. As stated below, we may suspend or cancel any Services (including premium services) in the event of problems with the relevant debit/credit card.
(f) Automatic renewals
If a:
(i) pay-monthly subscription with no commitment period is selected, the subscription will automatically renew at the end of each month on the same terms and the related monthly Premium Charges will continue to be collected from the Paying Party's debit/credit card until we or the Paying Party cancel the subscription on at least 28 days' notice by emailing this information to us at support@tti.care [or unless you have "opted out" of continuing to receive the premium services in response to the email we will send you prior to the end of the month]; or
(ii) subscription with a fixed commitment period (e.g., 6 months) is selected then (whether it is pay-monthly or pay up-front, at the end of that period) the subscription will automatically renew at the end of that period on the same terms and the related Premium Charges will be collected from the Paying Party's debit/credit card until we or the Paying Party cancel the subscription on at least 28 days' notice by emailing this information to us at support@tti.care or unless you have "opted out" of continuing to receive the premium services [on the new monthly rates] in response to the email we will send you 14 days prior to the end of the fixed commitment period.
(g) Cancelation
A Paying Party may cancel in its sole discretion the subscription to the premium features within 14 days after we email the Paying Party to confirm we accept your order without penalty by emailing us at support@tti.care. Premium Charges are otherwise non-refundable. The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
(h) Changing Plans
A Paying Party may change its premium plan at any time by emailing us at support@tti.care.
(i) In App purchases
From time to-time, we may offer you optional in-App services or products, which will be subject to separate terms (in addition to these terms and conditions), as we will provide you at the time.
7. LIABILITY
You are referred to the important liability statement at the top of these terms. Subject to that statement, you agree that your downloading, accessing and/or using this App and/or Services is on an "as is" and "as available" basis and at your sole risk. On that basis, except as expressly set out in these terms, TTI does not enter conditions, warranties or other terms in relation to the App or related Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
Subject to the important liability statement, TTI is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
8. PASSWORDS
You must create a log-on ID (such as a username and password or other identifier) in order to access or use the App and Services. You must treat such information as confidential, not reveal it to anyone else or permit anyone else to use your password and use the password only for such access and not for any other purpose. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use of which you become aware. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you and will not relieve you of your obligations under these terms and conditions.
You shall cease using the password and exit the App immediately in the event of any failure or error in the operation of a password and must notify TTI of such failure or error. Also, you must cease to use and delete the password from any of your records upon expiry or termination of your membership for whatever reason.
TTI reserves the right to change your password and username at any time in its sole discretion and you agree to notify TTI promptly of any changes to your registration details.
9. SUSPENSION AND TERMINATION OF SERVICE
TTI may suspend the operation of the App for repair or maintenance work or in order to update or upgrade the contents or functionality of the App from time to time. Access to or use of the App or pages linked to it will be not necessarily be uninterrupted or error free.
TTI may terminate the Services immediately in the event you breach any of these terms and conditions or if the Paying Party is late in paying or do not pay any sums due (including if the credit / debit card provided is not valid or does not work for another reason).
10. WARRANTIES
Except as set out in these terms, and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded, and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.
11. GENERAL
TTI may change these terms and conditions from time to time and will endeavor to notify you of any major changes by email (using the address you have provided us with).You should check these each time you revisit the App. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. TTI may delay enforcing its rights under these terms and conditions without losing them. You agree that TTI may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
These terms and conditions shall be governed and interpreted in accordance with laws in the United States of America and you consent to the non-exclusive jurisdiction of the United States courts.
You may not transfer or assign any or all of your rights or obligations under these terms.
If you have any enquiries or complaints then please address them to: TTI, 300 N. Continental Blvd, STE 420; El Segundo CA 90245 or support@tti.care.
12. THIRD PARTY PLATFORM PROVIDERS
Certain third-party platform providers with whose devices and/or operating systems the App has / have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under "Additional Third-Party Terms". These provisions come from the relevant third-party platform providers, not us. Third party application stores are operated by the relevant third-party platform providers and / or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third-party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
Apple
If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):
your license to use the App is limited to a non-transferable license to use the App on an Apple-branded device owned or controlled by you and as permitted by Apple's usage rules published in its App Store terms of service, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing or volume purchasing;
you acknowledge and agree that:
Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
we, not Apple, are responsible for responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;
in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you;
to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be our sole responsibility and we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed;
in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
although these terms are entered into between you and us (and not Apple), Apple and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple Inc. (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary thereof;
you represent and warrant that:
you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
you are not listed on any United States Government list of prohibited or restricted parties; and
you must comply with any applicable third-party terms of agreement when using the App, such as your mobile phone provider's data usage agreement.
If the App that you download, access and/or use is downloaded from Google Play:
You are allowed unlimited reinstalls of the App without any additional fee, provided that if the App is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively "Legal Takedowns") then the App will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the App.
You may also be able to claim a refund from Google for purchases made in the App if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.
We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the App. The "User" means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.
Microsoft
If you download the App from a Microsoft-owned or operated platform, however named, through which applications may be offered to or acquired by customers, we are required to permit you to stream and run the App on up to at least ten Windows 10 devices that are associated with your Microsoft account, without payment of any additional fees, with no restriction on (i) how often you can register or de-register such devices or (ii) how often you must access the App from a given device to maintain or refresh your licensed files on that device. You may also download the App to a device that is not registered with your Microsoft account.
Fitbit
This section is intentionally left blank.