Terms of Service
Last updated: February 2026
These Terms of Service ("Terms") govern your access to and use of the website, products, and services (collectively, the "Services") provided by Wavera Health, Inc. ("Wavera," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.
1. Eligibility
Our Services are intended for use by licensed healthcare professionals, medical practices, and authorized personnel within healthcare organizations. By using our Services, you represent and warrant that you have the authority to enter into these Terms on behalf of yourself or the organization you represent, and that you are at least 18 years of age.
2. Account Registration
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Notify us immediately of any unauthorized access to or use of your account
- Accept responsibility for all activities that occur under your account
3. Use of Services
3.1 Permitted Use
You may use our Services solely for lawful purposes and in accordance with these Terms. Our EMR platform and AI-powered tools are designed to assist healthcare professionals in clinical documentation, decision support, and practice management. Our Services are tools to support, not replace, the professional judgment of licensed healthcare providers.
3.2 Prohibited Conduct
You agree not to:
- Use our Services in violation of any applicable law or regulation, including HIPAA
- Access or attempt to access another user's account without authorization
- Interfere with, disrupt, or create an undue burden on our Services or networks
- Attempt to reverse engineer, decompile, or disassemble any part of our Services
- Use our Services to transmit malware, viruses, or other harmful code
- Scrape, crawl, or use automated means to access our Services without permission
- Use AI-generated clinical suggestions as the sole basis for medical decisions without independent clinical judgment
4. HIPAA and Compliance
If you are a Covered Entity or Business Associate under HIPAA, your use of our Services involving Protected Health Information (PHI) is governed by the Business Associate Agreement (BAA) executed between you and Wavera.
You are responsible for ensuring that your use of our Services complies with all applicable healthcare laws and regulations, including but not limited to HIPAA, the HITECH Act, and applicable state privacy laws. In the event of a conflict between these Terms and a BAA, the BAA shall control with respect to the handling of PHI.
5. Intellectual Property
5.1 Our Intellectual Property
All content, features, and functionality of our Services — including but not limited to software, algorithms, AI models, text, graphics, logos, and trademarks — are owned by Wavera Health, Inc. or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Services without our prior written consent.
5.2 Your Data
You retain all rights to the data you input into our Services. By using our Services, you grant us a limited, non-exclusive license to process your data solely for the purpose of providing and improving our Services, subject to the terms of any applicable BAA.
6. AI-Powered Features
Our Services include AI-powered features such as clinical documentation assistance, decision support, and data analysis. You acknowledge and agree that:
- AI-generated outputs are intended to assist, not replace, the clinical judgment of licensed healthcare professionals
- You are solely responsible for reviewing, validating, and approving any AI-generated content before use in clinical care
- AI outputs may contain errors or inaccuracies and should always be independently verified
- We do not guarantee the accuracy, completeness, or clinical appropriateness of AI-generated suggestions
7. Fees and Payment
Access to certain features of our Services may require payment of fees. Pricing, payment terms, and billing details will be set forth in a separate Order Form or subscription agreement. All fees are non-refundable unless otherwise specified in the applicable agreement. We reserve the right to change our pricing with reasonable notice.
8. Disclaimer of Warranties
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or secure. We do not provide medical advice, and our AI-powered tools are not a substitute for professional medical judgment.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Wavera Health, Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of our Services, whether based on warranty, contract, tort, or any other legal theory, regardless of whether we have been advised of the possibility of such damages. Our total cumulative liability to you for all claims arising from or related to these Terms or our Services shall not exceed the amounts you paid to us in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Wavera Health, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party rights.
11. Termination
We may suspend or terminate your access to our Services at any time, with or without cause, upon reasonable notice. You may terminate your account at any time by contacting us. Upon termination, your right to use our Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas.
13. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our Services after such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.
14. Miscellaneous
- Entire Agreement: These Terms, together with any applicable BAA and Order Form, constitute the entire agreement between you and Wavera regarding the Services.
- Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
- Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Wavera Health, Inc.
8080 Westpark Drive STE 13502
Houston, TX 77063
hello@waverahealth.com