Terms of Service

1) Terms Applicability

These Terms of Service (“Terms”) are an agreement between you (“you”) and Wavely Diagnostics, Inc. (“WavelyDx”, “we”, “us” or “our”) that allows you to use our Services. “Services” refers collectively to our devices and applications for at-home ear-infection detection, our platform for app-based health tools, our website at www.wavelydx.com and other website(s) (collectively, the “Sites”), and other applications, tools, software, subscriptions, memberships, content, API(s), widgets, hardware, devices, products and services that we may offer from time to time.

You may acquire additional products, services and/or content through our Services. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such additional products, services and/or content, which terms will apply in addition to these Terms.

By accessing or using the Services, or by signing up for an account with WavelyDx (or similar), you confirm that you have read, understood, and agree to be bound by these Terms, and that you have read, understand, and acknowledge our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

UNLESS YOU OPT-OUT, THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING SUPPORT@WAVELYDX.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

2) Eligibility

By accessing or using the Services, you represent to us that you are over the age of 18 (or the age of majority in your jurisdiction, whichever is older) and that you are fully able and competent to enter into these Terms. If you use the Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

3) Changes to these Terms

We may update or otherwise modify these Terms from time to time. If we make material changes, we will post the updated Terms on this page with a “Last Updated” effective date of the revisions. Your continued use of the Services after an update will constitute acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

4) WavelyDx Does Not Provide Healthcare or Medical Services

WavelyDx is not a medical service provider, health insurance company, nor licensed to sell health insurance. While the Services may provide access to certain general medical information, provide links to third parties offering healthcare or medical services, or direct patients to third-party telehealth services to communicate with healthcare providers, the Services cannot and are not intended to provide medical advice or be a substitute for individual medical advice, diagnosis, or treatment. Any opinions, advice, or information expressed by a healthcare facility, professional, specialist, healthcare provider or other third party using or featured on the Service are of the facility, professional, specialist, healthcare provider, or other third party alone. They do not reflect our opinions. We do not recommend or endorse any specific tests, healthcare providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a third party. None of the information on the Services represents or warrants that any particular drug, therapy or other treatment is safe, appropriate, or effective for you. These Terms are in addition to, and do not limit, any waivers or consents you may have agreed to with your healthcare provider.

You should always talk to your healthcare providers for diagnosis and treatment, including information regarding which drugs, therapy, or other treatment may be appropriate for you. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. 

5) WavelyDx Intellectual Property Rights & Limited License

The Services, including the design, text, graphics, images, data, software, source code, and other content contained therein (and their selection, arrangement, and presentation), are owned by WavelyDx or our licensors and are protected by law, including copyright and trademark law. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. You agree that we will have a perpetual right to use and incorporate into the Services any feedback or suggestions for improvement that you provide to us concerning the Services, without any obligation of compensation.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for their intended purpose and for no other purpose.

6) Commercial Transactions; Payment Processing

Certain of our Services may incur a fee or be offered for sale. In the event you wish to purchase or subscribe to any of these Services, you will be asked by us or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree that any such information provided shall be accurate, complete, and current. You further agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of Services. You shall be responsible for all charges incurred through your purchase actions as well as for paying any applicable taxes. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. Purchases may be subject to additional terms (such as refund or cancellation policies) presented to you from time to time. Your right to use paid Services is conditional upon WavelyDx’s receipt of payment. You will be responsible for accrued but unpaid charges, even if your account is cancelled by you or terminated by us. During any free trial or other promotion, if any, you will still be responsible for any purchases and surcharges incurred using your account. You agree that in the event we are unable to collect the fees you owe us for the products or services specified in your order, we may take any other steps we deem necessary to collect such fees from you, and that you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, interest, court costs and attorneys’ fees. After 30 days from the date of any unpaid charges, we reserve the right to assess an additional 1.5% late charge (or the highest amount allowed by law, whichever is lower) per month. Except as otherwise mutually agreed in writing, we reserve the right to change our fees with 30 days’ notice. 

Payment processing for the Services are provided by third parties, and are subject to the applicable third-party terms. By agreeing to these terms or continuing to use our Services, you agree to be bound by the applicable third-party terms, as the same may be modified by the third party provider from time to time. As a condition of enabling payment processing services, you agree to provide accurate and complete information about you, and you authorize WavelyDx to share information with the third party payment processors in order to complete your transactions.

7) Account Creation and Security

To access the Platform, you must create an account with WavelyDx. To create an account, you will be required to provide us with certain personal information (as described in our Privacy Policy). You agree that the information that you provide to us during account creation in your use of the Services is accurate and that you will keep it accurate, current, and complete. You may not transfer or share your account password with anyone or create more than one account with WavelyDx.

You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by contacting us at support@wavelydx.com. We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Services and your account information. 

8) Your Use of the Services

In your use of the Services, you agree: 

  • to only use the Services in a lawful manner and only for its intended purposes;

  • to keep your Platform account secured, and not share your account credentials or otherwise allow unauthorized access to your Platform account; 

  • not to copy, publish, display, publicly perform, or distribute any portion of the Services, including reproduction on any computer network or broadcast or publication media;

  • not to resell or make commercial use of the Services, nor to use or access the Services to build a similar or competitive product or service; 

  • not to reverse engineer, disassemble, make derivative uses of the Services, or otherwise attempt to create or derive the source code underlying the Services;

  • not to use, frame or utilize framing techniques to enclose any WavelyDx trademark, logo or other proprietary information; 

  • not to express or imply that any statements you make are endorsed by WavelyDx;

  • not to use the Services or any of WavelyDx’s systems or servers to infringe on any intellectual property rights, or other proprietary rights, including, but not limited to, trademark, copyright, patent, and trade-secret rights;

  • not to violate or breach in any way the security of Services, or networks or systems operated or provided by WavelyDx, including but not limited to disseminating or planting viruses, causing a denial-of-service attack which interferes with access by individuals, retrieving personal or proprietary information, or causing the transmission of any other program, information, code or command that may damage the integrity or availability of data, a program, a system or information. Such intrusions may result in criminal or civil liability; 

  • not to interfere with our provision of, or any other user’s use or enjoyment of, the Services;

  • not to engage or participate in communications or conduct of an abusive, pornographic, lewd, obscene, harassing, fraudulent, or unlawful nature while using the Services;

  • not to use the Services to transmit “spam” or other unauthorized commercial communications; 

  • not to record, forward, post on the Internet, or transmit the voice, image, and/or likeness of any person without that person’s consent (or in the case of minors, with the consent of their parent or legal guardian with rights to consent on their behalf) in any way for any purpose, or to store, retrieve, use, or facilitate the use of, the voice, image, and/or likeness of such in any way other than as necessary to permit the provision of the Services;

  • not to provide false or deceptive information to us or through the Services, including without limitation regarding your Medicare or Medicaid enrollment status.9

9) Provider Agreement for Use of Services

If you are a healthcare provider using our Services (a “Provider”), you agree to the following: 

  • USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOUR PATIENT HAS A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR PATIENT’S CARE OR TREATMENT, HAVE THEM CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM, OR CALL 911 FOR THEM. 

  • You accept sole responsibility for your patients as well as yourself in the use of the Services, including the provision and quality of services, care and/or advice to patients. You release us and waive all potential claims against us as a result of your use of the Services, and the provision of services, care and/or advice to patients.

  • You are responsible for complying with all applicable laws in connection with your use of the Services. This includes, without limitation, obtaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using the Services and maintaining malpractice and liability insurance in compliance with regulatory and local requirements. 

  • You are responsible for obtaining patient consent if required by law and complying with any and all privacy laws applicable to the use of the Services with your patients, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). You must take appropriate steps to protect the privacy and confidentiality of your patients. 

  • We make no representations regarding your ability to bill third-party payors for the services you provide using the Services. You are responsible for complying with all laws in billing for the services you provide. 

  • You may be required to provide certain personal information, and information about your practices, including: your name, date of birth, gender, address, email, mobile and work phone; your practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences. 

  • You will use the Services only in accordance with applicable standards of good professional practice. 

  • While the Services can facilitate and improve the quality of service that you and your personnel offer to Patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. 

10) Suspension, Termination and Removal of Content

We have no obligation to monitor the Services. However, you acknowledge and agree that we have the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation, or governmental request, to operate the Services properly, or protect itself or the rights of any third party.

We reserve the right (a) to immediately and without notice suspend or terminate your access to or use of the Services if we reasonably believe that you have violated these Terms and (b) to modify the Services or to suspend or stop providing all or portions of the Services at any time, to the extent permitted by law. You also have the right to stop using the Services at any time. We are not responsible for any loss or harm related to your inability to access or use the Services.

We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, inappropriate or in violation of these Terms.

11) Privacy

Our collection and use of your personal information via the Services is described in our Privacy Policy. By accessing or using the Services, you acknowledge that you have read and understand the Privacy Policy, as updated from time to time.

12) Service Location

The Services are controlled, operated and administered by us from the United States. We make no representation that the Services are available for access or use anywhere outside the United States. However, any access or use from outside the U.S. is still subject to this Agreement. Access to the Services is expressly prohibited from territories where the Services are illegal. If you choose to access our Services from a location outside the U.S., you do so on your own initiative, without our consent, and you are responsible for compliance with local laws.

You agree not to access or use the Services in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing or using the Services. Any personal information which we may collect via the Services may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location. 

13) Copyright Infringement

WavelyDx follows the procedures of the Digital Millennium Copyright Act of 1998 by providing recourse for copyright owners who believe that material appearing on the internet infringes their rights under US copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you or your agent may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it. See http://www.copyright.gov for details. Notices must be sent in writing to:

Wavely Diagnostics, Inc. 
2311 N 45th Street #270
Seattle WA 98103
Attn: Legal Department
Email: support@wavelydx.com 

14) Communications

When you use the Services or send emails to us, you are communicating with us electronically. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by email, using the email address that you provided to us related to your account, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, if applicable (subject to the next paragraph), (3) push notifications on your mobile device, or (4) by posting the Communications on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your account. You can opt-out of future Communications through SMS text message by replying “STOP,” or emailing us at support@wavelydx.com.

By agreeing to these Terms, you consent to receive from or on behalf of WavelyDx communications containing service-related information (including technical notices, updates, security alerts and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, over-the-top messaging platforms, and other electronic means, at any phone number or email address you provide to us, even if your phone number is on the national or any state’s do-not-call registry. Your carrier's normal messaging, data and other rates and fees may apply to these communications. You are not required to provide this consent to receive autodialed sales, marketing, or advertising messages as a condition of purchasing anything or using the Services, and you may opt-out of receiving such messages at any time as described in our Privacy Policy (though you may continue to receive messages while we process your request).

15) Indemnification

You agree to indemnify, defend, and hold harmless WavelyDx and its affiliates, officers, directors, agents, and employees (“WavelyDx Parties”) from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees) arising out of or relating to your access to or use of, or activities in connection with, the Services. You must obtain our prior written consent to any settlement or judgment in which you agree to any finding of fault of any WavelyDx Parties or defect in the Services.

16) Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WAVELYDX MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU OR TO ANY OTHER PARTY REGARDING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WAVELYDX HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAVELYDX DISCLAIMS ANY AND ALL WARRANTIES OF QUIET ENJOYMENT, PERFORMANCE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WAVELYDX DISCLAIMS ANY WARRANTY THAT STATES THE SERVICES WILL BE ERROR-FREE, BUG-FREE OR UNINTERRUPTED. WAVELYDX’S ONLY OBLIGATIONS WITH RESPECT TO THE SERVICES ARE EXPRESSLY STATED IN THESE TERMS. WAVELYDX DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO, WAVELYDX’S EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, OR REPRESENTATIVES, TO MAKE WARRANTIES OF ANY KIND ON WAVELYDX’S BEHALF. 

ANY USE OF THE SERVICES BY ANY PARTY, INCLUDING YOU, IN ANY HIGH RISK APPLICATION IS DONE AT THE USER’S OWN RISK, WITHOUT ANY WARRANTY. AS USED HEREIN, A “HIGH RISK APPLICATION” IS ANY USE WHERE THE FAILURE OF THE SERVICE COULD CAUSE SERIOUS RISK, INCLUDING RISK OF INJURY TO PERSONS OR PROPERTY, OR A LIFE-THREATENING SITUATION, INCLUDING BUT NOT LIMITED TO, MEDICAL OR EMERGENCY SERVICES OR OTHER SIMILAR APPLICATIONS.

USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.

FOR CLARITY, THE DISCLAIMERS IN THIS SECTION ALSO APPLY TO ANY PHYSICAL PRODUCTS OR PURPORTED MEDICAL DEVICES SUPPLIED BY OR ON BEHALF OF WAVELYDX OR PROVIDERS, INCLUDING WITHOUT LIMITATION AND PHYSICAL ACCESSORIES TO ATTACH TO YOUR PHONE.

17) Limitation of Liability 

WavelyDx will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use of data, loss of other intangibles, or loss of security of submitted materials (including unauthorized interception by third parties of any submitted materials). Without limiting the foregoing, WavelyDx will not be liable for damages of any kind resulting from your use of or inability to use the Services or from any third party materials, including from any malicious code that may be transmitted in connection therewith. All disclaimers of warranties and limitations on liability apply even if the damages are foreseeable or said to be possible, and apply to any negligence claim that does not involve willful misconduct or intentional misconduct no matter how that claim is styled or upon what legal grounds it is based. WavelyDx will be liable for no more than the amount of direct damages to your person or your property.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages, and some or all of the above disclaimers, exclusions or limitations may not apply to you.

18) Third Party Content or Platforms

The Services may make available or provide links to third party websites, products, services, content, or information, may be provided through third-party websites or platforms, and may integrate and/or interact with third party services such as via APIs or browser extensions (“Third Party Content or Services”). This includes social logins allowing you to login to the Services via other third party authentication services, such as Google, Apple, or other third parties we make available from time to time. 

WavelyDx does not control, and is not responsible for, any Third Party Content or Services. The availability of any Third Party Content or Services via, or as a channel for, the Services does not imply endorsement of, or affiliation with, the provider of such Third Party Content or Services. By using such Third Party Content or Platforms, you may be subject to their respective privacy policies and other terms of use. Your use of any Third Party Content or Services is at your own risk.

19) Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT DESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED. 

  1. Arbitration Agreement. For any dispute with WavelyDx, you agree to first contact us at support@wavelydx.com and attempt to resolve the dispute with us informally.  In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Arbitration Association  (“AAA”).

  2. Arbitration Procedure. 

    1. You and WavelyDx agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by you, one (1) arbitrator is selected by WavelyDx, and the third (3rd) arbitrator is selected by mutual consent of you and WavelyDx. If you and WavelyDx cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.

    2. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.

    3. Any claim or dispute arising under these Terms must be initiated by arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed. 

  3. Cost of Arbitration.  Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, WavelyDx will pay the arbitrator's and arbitration fees. If under applicable law WavelyDx is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the parties in accordance with said applicable law. Any disputes regarding whether WavelyDx is required to pay the arbitrator’s and arbitration fees and/or how those fees are to be apportioned between the parties will be resolved by the arbitrator.

  4. Exceptions to Agreement to Arbitrate. WavelyDx may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

  5. YOU MAY ONLY RESOLVE DISPUTES WITH WAVELYDX ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WAVELYDX EACH WAIVE ANY RIGHT TO A JURY TRIAL. 

  6. Opt-Out of Alternative Dispute Resolution Process. Notwithstanding the above, you can decline or “opt out” of the alternative dispute resolution process described above by contacting support@wavelydx.com within 30 days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.

    1. YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

    2. If you opt out of the dispute resolution process described in this section or if this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in Seattle, Washington, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and WavelyDx agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and WavelyDx waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor WavelyDx may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

20) Governing Law

These Terms, and any dispute between you and WavelyDx, will be governed by the laws of the State of Washington and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 17 (the “Arbitration Agreement”). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement does not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and WavelyDx must be resolved exclusively by a state or federal court located in the State of Washington, and you agree to submit to the personal jurisdiction of the courts located within King County, Washington for the purpose of litigating all such claims or disputes.

21) Force Majeure

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, internet connectivity, electrical shortages, disease, epidemic, pandemic, earthquakes or floods, civil disorder, strikes, fire or other disaster.

22) General Provisions

If any provision of these Terms is determined to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The respective indemnities, representation and warranties, and our rights under these Terms will survive any termination of these Terms. To the maximum extent possible under applicable local law, these Terms will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

23) Contact Information

If you have any questions about these Terms, you can reach us at support@wavelydx.com. 



Last Updated September 10, 2025
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