Waves Terms of Use
These terms are an agreement between you and Theorian LLC ("Theorian," "we," "us"), the maker of Waves. By using Waves you agree to them. If you do not agree, please do not use the app.
What Waves is, and what it is not
Waves is a tool for timing contractions and sharing them with people you choose. It is not a medical device and it does not give medical advice, diagnose labor, or tell you when to seek care. Patterns and alerts in the app are information only and can be wrong, late, or missing. Always follow your provider's instructions, and call your provider or emergency services whenever you are worried. Never delay getting care because of something Waves showed or did not show.
Who can use Waves
You must be old enough to agree to these terms where you live. Waves is not directed to children under 13.
Your data and the people you share with
- You decide who is invited to see your contractions, and you can remove anyone at any time.
- Anyone you invite can see what you share with them while they are connected. Share invite links only with people you trust.
- If you record contractions for someone else, you are responsible for having their permission.
- Our Privacy Policy explains what we collect and how it is used.
Recovery codes
Waves does not collect your name, email address or phone number. If you create a recovery code, it is the only way to restore your data on another device. We cannot look it up, reset it, or recover it for you. Keeping it safe is your responsibility.
Clinicians and other professionals
If you use Waves in your professional work, the Clinical Terms also apply, and the app asks you to agree to them. You are responsible for your own professional judgment and for meeting the laws and standards that apply to your practice, including privacy and record-keeping rules. If HIPAA applies to your practice, a Business Associate Agreement with us must be in place before you use Waves with clients; it is available on every plan. Waves does not replace your clinical records or your own contact with a client.
Purchases and subscriptions
- Paid plans and add-ons are sold through the Apple App Store or Google Play and are billed by that store, at the price shown before you confirm.
- Subscriptions renew automatically until you cancel. You can cancel at any time in your App Store or Google Play account settings; you keep access until the end of the period you paid for.
- Refunds are handled by the store you bought from, under its refund policy.
- Deleting the app or your data does not cancel a subscription.
- Complimentary access, trials and promo codes are offered at our discretion and may have limits or end dates. Ending one does not remove the data you already have.
Acceptable use
Do not misuse Waves: do not try to access other people's data, interfere with the service, reverse engineer it except where the law allows, or use it to break the law.
Deleting your data
You can erase your account and data at any time from Settings → Account in the app. See how deletion works.
Changes and availability
We may change, suspend or stop parts of Waves, and we may update these terms. If a change is material we will update the effective date above and, where appropriate, tell you in the app. We may suspend access for anyone who seriously or repeatedly breaks these terms.
No warranty
Waves is provided "as is" and "as available." To the extent the law allows, we make no warranties of any kind, including that the app will be uninterrupted, error-free, or that notifications will always be delivered or delivered on time. Delivery depends on networks, devices and services outside our control.
Limit of liability
You use Waves at your own risk. To the fullest extent the law allows, Theorian is not responsible or liable for any loss, injury or damages of any kind arising from Waves or your use of it. That includes decisions about care, anything the app showed or did not show, and notifications that were late or never arrived.
Some places do not allow a company to exclude all liability. Only where that is the case, our total liability for any claim about Waves is limited to the amount you paid us for Waves in the twelve months before the claim.
If something goes wrong
We care about the people who use Waves. If you have a problem or a complaint, please email hello@theorian.com and a real person will read it. We promise to listen and to work with you in good faith to make it right.
We ask that you give us 30 days to resolve things with you directly before taking any formal step. If we still can't agree, either of us may take the matter to small claims court where you live, or to the courts of the State of Hawai‘i.
Governing law
These terms are governed by the laws of the State of Hawai‘i, USA, without regard to its conflict-of-law rules, except where the law of the place you live gives you rights that cannot be waived.
App stores
Apple and Google are not parties to these terms and are not responsible for Waves or its support. If you downloaded Waves from the App Store, Apple's Licensed Application End User License Agreement also applies to your use of the app.
Contact
Theorian LLC, Honolulu, Hawai‘i, USA. hello@theorian.com