TERMS OF USE

WaveOn, Inc. (“WaveOn,” “Company,” “we”, “us” or “our”) maintains these Terms of Service (these “Terms”) that describe the terms and conditions applicable to the virtual athletic training services that we offer (the “Virtual AT”) and your use of our website (the “Site” and together with the Virtual AT, the “Service”). Your use of our Service is governed by these Terms and our privacy policy (“Privacy Policy”), which is incorporated into these Terms. Any inconsistencies between these Terms and the Privacy Policy shall be resolved by the Company in its sole and absolute discretion, which will be in a way that results in a reasonable outcome though it may benefit us more.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU WILL BE BOUND BY THESE TERMS.

BY ACCESSING OR USING THE SERVICES, YOU CONSENT TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICES.

YOU MAY NOT USE THE SERVICE IF: (A) YOU CANNOT ENTER INTO A BINDING CONTRACT WITH COMPANY; (B) YOU ARE NOT ALLOWED TO RECEIVE PRODUCTS, INCLUDING SERVICES OR SOFTWARE, FROM THE UNITED STATES; OR (C) YOU HAVE PREVIOUSLY BEEN BANNED FROM USING THE SERVICE.

THE SERVICE

General Description. The Service consists of a software platform for virtual athletic training that combines artificial intelligence with expert insights to improve athlete care. The Service integrates digital support with professional guidance to maintain athlete health and performance. Your access to the Service may be sponsored by your educational institution, athletic team, or other entity or organization that you attend or are a member of (the “Sponsor”). You may be affiliated with one or more Sponsors in your use of the Service. You understand and acknowledge that your Sponsor will have access to all information or data that you enter into or store in the Service for as long as your access to the Service is through such Sponsor. An applicable Sponsor’s access to your information or data will stop when you are no longer associated with such Sponsor or such Sponsor’s agreement with us terminates or expires.

No Medical Advice. The Service does not include or represent the provision of medical advice by the Company. WaveOn does not offer medical advice or diagnoses or engage in the practice of medicine or any other professional service, except as explicitly stated. Information and materials provided to you by us through the Service are solely for informational purposes and are not intended to be, and do not constitute, a substitute for professional medical advice, diagnosis or treatment. You should seek the advice of your professional care team, such as your physician or other qualified medical professional, if you have any questions or concerns regarding your medical condition, the use of any medication or medical device, your general health, or any other concern or issue related to your personal health or wellbeing.

Informed Use of the Service. You acknowledge that you are aware of and informed of the potential risks of using the Service. You explicitly affirm the following:

You are in good physical condition and able to use the Service as recommended by WaveOn. You are not aware of any medical condition or symptoms that would prevent you from participating in or increase the risk of health problems arising out of activities or utilization of equipment recommended through use of the Service.

You understand that WaveOn and its employees or agents are available for guidance and direction on recovery activities, exercises, and equipment but neither WaveOn nor its employees or agents has any authority to diagnose medical conditions and no representations to the contrary have been made to you.

You acknowledge that use of the Service may present the risk of physical injury or death, and/or loss of or damage to my personal property. You assume this risk and agree that your use of the Service shall, at all times, be at your own risk. You, on behalf of yourself, your heirs and personal representatives, hereby knowingly and voluntarily agree to waive and release WaveOn from any liability, loss, cost, damage, expense, claim or suit whatsoever (collectively, “claims”) for any and all injury, loss, illness, harm, cost, expense, claim, suit, or damage resulting from or related to my use of the Service or the guidance, direction, and the use of any technology and equipment as recommended. You further agree to indemnify and hold harmless WaveOn from and against any and all third-party claims arising as a result of your use of the Service.

License to Use Service. Subject to these Terms and the Privacy Policy, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right and license to access and use the Service. The Company may terminate this license, without notice to you, in the event you fail to comply with these Terms or the Privacy Policy as determined by us in our sole discretion. Upon any termination of the license, you must immediately cease accessing and using the Service and WaveOn will terminate your Account.

Acceptance of These Terms. You affirm that you are: (i) at least 18 years of age or older, (ii) an emancipated minor, (iii) in possession of the consent of a legal parent and/or guardian, or (iv) creating this Account for the benefit of a minor who is at least 13 years old for whom you are the legal parent and/or guardian. By accepting these Terms, you affirm that you are fully able and competent to enter into and abide by all of the terms and conditions set forth in these Terms. If a parent or legal guardian and a minor use the Service, then both the parent or legal guardian and the minor shall be bound by these Terms and are responsible for their use of the Service. For purposes of clarity, only minors who are at least 13 years old may use the Service. WaveOn does not knowingly allow any individuals who are less than 13 years old to use the Service.

Limitations. The license granted to you is subject to the following limitations. You shall not nor permit any other person to: (i) in whole or in part, (1) modify, translate or create any derivative work of the Service, including any Company Content (defined later in these Terms) or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Service; (ii) modify, alter or remove any copyright, patent, confidentiality, trademark or other notices, labels or legends displayed in the Service, including in any Company Content; (iii) sell, grant a security interest in or transfer the Service or reproductions of any Company Content or any part of either the Service or Company Content for any purposes in any way not expressly authorized in these Terms; (iv) assign, rent, lease, distribute or license any Company Content or any part of the Service to others; or (v) exploit the Service, including any Company Content or any of its parts, for any commercial purpose.

IP OWNERSHIP

Company Content. The Company shall retain exclusive right, title and interest (including all intellectual property rights) in and to the Virtual AT, the Site, all materials that are part of the Virtual AT or Site (including past, present, and future versions) (excluding User Content), including, without limitation: art, icons, graphics, layout, text, images, audio and/or video, designs, features, advertisements, logos, domain names, trade names and marks, and service marks, any and all copyrightable material, the “look and feel”, the compilation, assembly and arrangement of the materials of the Service, and all other materials or content made available in the Service (collectively, “Company Content”). All Company Content is protected from unauthorized use, copying, and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. For purposes of these Terms, “User Content” means any information, data, documentation, or materials that you create or post in the Service.

Trademarks. All words and logos in the Service marked by the ™ or ® symbols are trademarks and/or service marks of the Company. All rights are reserved by the Company. All other trademarks and service marks appearing in the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these Terms is strictly prohibited.

No Additional Rights. We only grant the licenses expressly set forth in these Terms to you. No other licenses are granted under these Terms, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these Terms is intended to, nor will these Terms, transfer any of the right, title, or interest (including any intellectual property right) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneously held or deemed to be the owner of any such rights, you will assign, and hereby irrevocably assign, to the Company or its licensors, as the case may be, all such rights as of the effective date of these Terms, and will execute all documents to implement and confirm the terms and intent of this Section or designate the Company as your power of attorney to solely to effectuate such assignment.

User Content. All User Content shall be your sole and exclusive property. You understand that when you share your User Content with your Sponsor, your Sponsor will be able to retain a copy of your User Content and we do not control what your Sponsor does with your User Content.

ACCOUNT, FEES, BILLING METHODS AND TERMINATION

Accounts. By completing the registration process, you may establish a user account (“Account”), obtain a user ID, become a registered user (“User”), and access the Service. To create and/or maintain an Account, you must provide such information as may be requested during the registration process or requested from time to time in our sole discretion. You must provide truthful and accurate information during the Account registration process. As part of the Service, you will receive email and other communications from us relating to or deriving from your use of the Service. By disclosing your email and other contact information during the registration process, you acknowledge and authorize that we may send you such communications, including text messages if you provided your cellphone number. You will no longer receive communications contemplated by these Terms once your Account is terminated or if you opt-out of receiving such communications in accordance with the procedures set forth in the Privacy Policy, notifying us that you no longer want to receive communications, or following applicable unsubscribe instructions.

You are solely responsible for all activity on or related to your Account, your User Content, and for the security of your computer, mobile device, and any other device that you use to access the Service. You should not reveal your Account password to other users or permit others to access your Account. All acts performed using your Account (including User Content) shall be deemed to be your acts. You shall promptly notify the Company of any changes to your Account information or if such information has been disclosed to a third party in violation of these Terms. You shall solely be responsible for any harm or liability that arises from any improper third party disclosure and/or use (including unauthorized third party use) of your Account (including User Content). If there is a risk of your Account (including User Content) being improperly used by a third party, you shall promptly take all reasonable measures to limit such use, including, without limitation by changing your password and notifying the Company. Under no circumstances shall the Company be liable to you for any loss you incur, including from the loss of your User Content, from your loss of any Account information (including username, user ID or password), unauthorized access or use of your Account and/or from harmful or malicious code.

Fees. Some parts of the Service may be accessed without paying any registration or subscription fees, while other components may be subject to a fee that will be charged on a subscription basis. The Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the terms and billing methods relating to any applicable fees and/or charges, and post those changes in the Service. Such modifications, amendments or supplements shall be effective immediately upon posting in the Service, though we will use reasonable efforts to try to post notice of any changes. If any change to such fees or charges is unacceptable to you, your sole remedy is to cancel your Account and cease using the Service. If applicable, all fees and charges are non-refundable unless expressly provided otherwise in these Terms or pursuant to applicable law. The Company will not refund or issue any written receipts for any fees or charges you pay in connection with the Service.

Equipment. You will procure, provide and bear the expense for all equipment, software and other technologies and data access plans necessary to access the Service, including, a personal computer or mobile device suitable to connect with the Service and an internet connection and/or mobile subscription.

Termination. You can terminate your Account and/or cease accessing and using the Service at any time by following the procedures contained in the Service. You understand and agree that unless otherwise expressly provided for in these Terms, terminating your Account and ceasing access and use of the Service are your sole right and remedy with respect to any dispute with us.

Without limiting any other remedies, we may suspend or terminate, with or without notice, your Account and your access to and use of the Service (or any portion of any of those things, including any User Data and User Content) at any time if you are, or we suspect that you are, failing to comply with these Terms or the Privacy Policy.

We reserve the right to stop offering and/or supporting the Service at any time for any valid commercial reason, at which time your license to access and use the Service will automatically be terminated without further action.

You understand and acknowledge that we are not responsible for notifying your Sponsor or any other third party of any termination, suspension, or cessation of your use of your Account or the Services. You understand that your Sponsor and any other third party may not receive any notice of such termination, suspension or cessation and it is your sole responsibility to provide all such notifications to your Sponsor or any other third party.

CONDUCT

You are personally responsible for your access and use of the Service and for all of your User Content and online activity in connection with the Service. You will indemnify and hold harmless the Company, its licensors, suppliers, partners, affiliates and their respective employees, officers, directors and agents (collectively, “Company Affiliates”) from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees and costs, from third parties arising from such use, User Content and activity. Specifically, you will comply with these Terms, all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:

Post, transmit, promote, distribute or provide links to illegal content;
Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user;
Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable;
Infringe upon the intellectual property rights of the Company or any third party;
Alter, delete or cancel any other user’s profile information or User Content;
Disrupt the flow communication areas within the Service with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting, using ALL CAPS in an attempt to disturb other users, “spamming” or flooding or posting repetitive text;
Impersonate another person, indicate that you are a Company Affiliate, or attempt to mislead users by indicating that you represent Company or any Company Affiliate;
Use any robot, spider, scraper, or other automated means (other than in accordance with these Terms and any Additional Terms) to access the Service for any purpose without our express written permission or bypass measures we may use to prevent or restrict access to the Service;
Attempt to get a user ID, password, or other user information, or any other private information from a user. WaveOn employees will NEVER ask for your password. DO NOT give your password or secret answers out to anyone;
Upload any content, including User Content that you do not own or have the right use and/or license to the Company in accordance with these Terms;
Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft;
Upload User Content or display URLs that contain harmful or malicious code or corrupted data;
Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, direct marketing, multi-level marketing programs and pyramid schemes;
Make any unapproved commercial use of the Service;
Improperly use support or complaint buttons or make false reports to Company;
Use or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications;
Modify, reproduce, distribute, delete or create derivative works of the Service, Company Content or any other users’ User Content displayed in the Service, or any component of such data or information;
Solicit or attempt to solicit, and post, distribute or communicate any user’s personal information;
Interfere with, hack into or decipher any transmissions to or from the servers running the Service;
Exploit any bug in the Service or in any Company product to exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party but will use reasonable efforts to report to us;
Do anything that interferes with the ability of other users to enjoy the Service or that materially increases the expense or difficulty of Company in maintaining the Service for the enjoyment of all its users;
Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms, including, without limitation, gain unauthorized access to any Company Content and other users’ User Content;
Use the Service in violation of these Terms, the Privacy Policy, or any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations; or
Engage in any other conduct which the Company, in its sole and absolute discretion, deems to violate these Terms.

If you encounter another user who is violating any of the items described in the conduct list above, please email us at legal@waveonhealth.com.

THIRD PARTY CONNECTIONS

If applicable, in using the Service, you consent to the disclosure and use of all of your User Content and other information collected through use of the Service to your Sponsor and for your Sponsor to: (i) access all of the User Content that you post into the Service, (ii) send you communications or other messages through the Service, or (iii) engage in other benefits that may be made available through the Service from time to time. You are solely responsible for all User Content and acknowledge that Company cannot and does not oversee how the Sponsor or any other third party that you authorize uses your User Content or interacts with you. You are solely responsible for any act or omission that you take in response to any interaction with your Sponsor or a third party.

CHANGES TO TERMS

The Company may, from time to time, modify, amend, or supplement these Terms and post the updated Terms in the Service, provided that the Company will use reasonable efforts to post notice of the changes. Such modifications or supplements shall be effective immediately upon posting, whether or not notice has been posted. You are responsible for periodically checking the Service for changes to the Terms. You can determine when the Terms were last revised by referring to the “Effective Date” legend at the bottom of these Terms. If you do not agree to be bound by (or cannot comply with) the Terms as modified or supplemented, you should stop using the Service. Your continued access and use of the Service constitutes your agreement to be bound by the Terms as modified.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES THAT RESULT (DIRECTLY OR INDIRECTLY) FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL COMPANY’S OR ANY OF COMPANY'S AFFILIATE’S LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$100 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE. FURTHERMORE, IN NO CASE SHALL THE COMPANY OR THE COMPANY AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICE, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION OR THE LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. SPECIFICALLY, WE ARE NO LIABLE TO YOU FOR ANY DAMAGE CAUSED BY THE ACTIONS OF ANY MEDICAL PROFESSIONAL OR ANY OTHER THIRD PARTY.

LINKS

For the convenience of our users, the Service may provide links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites linked to or from the Platform or the Site. If you follow any such links, you leave the Service and you do so entirely at your own risk. The Company provides links from the Platform and Site solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, RESPONSIBILITIES, LIABILITIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES, AND FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY SUCH THIRD PARTIES.

GOVERNING LAW

The laws of the State of Delaware and the United States of America, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Service and your access and use of the Service. By accessing and using the Service, you submit and consent to the exclusive jurisdiction of state and federal courts located in Bernalillo County, New Mexico[ma3] [DN4] with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these Terms, the Privacy Policy, and/or your access and use of the Service. In any action or proceeding to enforce the rights under these Terms, the prevailing party shall be entitled to recover their reasonable attorneys’ fees and costs.

INJUNCTIVE RELIEF

You acknowledge that the rights granted, and obligations made, under these Terms to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and cannot be replaced by monetary damages alone. To account for the inability of monetary damages to make the Company whole, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach of by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

VOID WHERE PROHIBITED

The information provided through the Service is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material in the Service is lawful in every jurisdiction from which such content can be accessed or is available for use in all jurisdictions. THE SERVICE IS INTENDED FOR USE BY PERSONS AGED 13 OR OLDER. BY ACCESSING AND USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS, THE PRIVACY POLICY AND ADDITIONAL TERMS. EXCEPT AS OTHERWISE STATED IN THESE TERMS, IF YOU ARE UNDER THE AGE OF 13, THE COMPANY MAY IMMEDIATELY (WITHOUT NOTICE) TERMINATE THE LICENSES GRANTED UNDER THESE TERMS AND CANCEL YOUR ACCOUNT.

The Company is committed to respecting your privacy and the confidentiality of your User Content. The Privacy Policy sets out additional terms on how the Company may collect, use, share and store your User Content and other information. If you object to your User Content or other information being used in the way set out in the Privacy Policy, you should not access or use the Service.

RESTRICTIONS

The Service may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Service as well as end-user, end-use and destination restrictions issued by national governments. The Company is making the Service available to you on the condition that you certify that the use of the Service is not otherwise in violation of any applicable export control and sanctions regulations.

DIGITAL MILLENNIUM COPYRIGHT ACT POLICY

We respect everyone’s intellectual property rights and do not want to misuse anyone else’s intellectual property. If you have a good faith belief that your intellectual property rights or the intellectual property rights of a third party have been violated and you would like us to remove, edit, or disable that content, please contact us and provide the following required information: (i) a description of the copyrighted work or other materials that you claim are being infringed, (ii) a description of the work or materials that you claim are infringing and needs to be removed, including where that work or material can be found, (iii) your address, telephone number, and email address so our Copyright Agent can contact you about the complaint, and (iv) a signed statement that the information you submitted is accurate, that you have a good faith belief that use of the identified work or material is not authorized by the copyright owner or its agents, and affirmation under the penalty of perjury that you are the copyright owner or authorized to act on behalf of the copyright owner.

We will work to respond to each properly submitted complaint as quickly as we can, which response will include removing or disabling access to the work or material, if infringing. Please understand that you may be subject to penalties if you submit a false claim.

Please submit you notice in physical form or by email to WaveOn’s Copyright Agent using the following contact information:

WaveOn Health, Inc.

legal@waveonhealth.com

MISCELLANEOUS

If any provision of these Terms or the Privacy Policy is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms and/or Privacy Policy will remain in full force and effect. These Terms and the Privacy Policy constitute the entire agreement between us with respect to the subject matter of these Terms and Privacy Policy and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. The failure of either party to assert any right under these Terms shall not be considered a waiver of that party's right and the Terms will remain in full force and effect. In addition, these Terms and the Privacy Policy, including the Company’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any third party. You are not allowed to assign these Terms or any rights under these Terms. The Company is allowed at its sole discretion to assign these Terms or any rights under these Terms to any third party, without giving prior notice to you. Our licensors may be entitled to enforce these Terms. There are no other third party beneficiaries to these Terms.

If you have any questions, complaints, or comments regarding these Terms, or have other questions or suggestions about the Service, please email us at legal@waveonhealth.com.

Effective Date: December 15, 2023