Terms of Service
Last Modified: March 14th, 2025
Thank you for using WAVS!
Acknowledgement
These Terms of Service (this “Agreement”, “Terms”, “Terms and Conditions”) serve as a binding contract between you (“you”) and Madebetter LLC (“Madebetter”, “Madebetter Studio”, “Company,” “we” or “us”) for use of the WAVS™ (“App”, “the App”) mobile application and all related services, features and content offered.
Your use of the WAVS app constitutes your agreement to the terms and conditions. We encourage you to read them thoroughly and periodically as we may update the terms from time to time. Your continued use of WAVS (“app”, “the app”, “WAVS”) constitutes your continued acceptance of the latest version of the terms. The effective date listed at the start of this document will be changed when the terms are updated.
Scope of License
WAVS and its contents, including, without limitation, trademark and logo, and all designs, text, graphics, pictures, and the selection and arrangement thereof (collectively, the “App Contents”) are the proprietary property of Madebetter Studio.
You are granted a limited, sub-licensable license to access and use the App solely for the purposes outlined in these Terms. This license is for personal (non-commercial) use of the Services in a way that these Terms allow.
You may not copy, modify, distribute, sell, or lease any part of the App Contents or our Services, nor may you reverse engineer or attempt to extract the source code underlying the App, unless laws prohibit these restrictions or you have our written permission to do so.
Maintenance and Support
Madebetter makes every reason effort to upkeep and maintain WAVS and its content on the App Store®. From time to time, we may change and improve the App Contents to better serve you. Your use of the app does not entitle you a guarantee of performance or perpetual availability. Any modifications or removal of the App can done in our sole discretion at anytime.
If you have a support question, please reach out to us at support@madebetter.studio.
Information Accuracy
We want to make sure you have the right expectations when using our app. The information provided is meant for general knowledge only—it is not a substitute for professional medical advice, diagnosis, or treatment. While we strive to provide helpful and accurate content, we cannot guarantee that everything is always up-to-date or perfectly suited to your needs.
Any decisions you make based on the information in this app are entirely up to you, and we disclaim any responsibility for any outcomes. Please do not use this app to make medical, diagnostic, or healthcare decisions. It’s not a medical tool or a replacement for expert advice.If you’re considering changes to your health, habits, or care, always consult a doctor or a qualified healthcare professional first.
WAVS OR Madebetter DOES NOT ENGAGED IN RENDERING MEDICAL, HEALTH, DIAGNOSTIC, TREATMENT OR SIMILAR HEALTHCARE ADVICE OR SERVICES VIA THE APP OR CONTENT. NO CONTENT IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, CARE, DIAGNOSIS OR TREATMENT.
Subscriptions
WAVS offers two subscriptions (monthly and annual) that grant you access to additional logging capabilities and diet references. Both subscription plans include a free trial period, where you can utilize premium features in the App at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe, cancel the subscription before the free trial ends.
Please note both subscription plans grant you the same level of access to premium contents. The only difference is the annual plan is offered at a discounted rate on a monthly basis.
Payment will be charged to chosen payment method after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, until cancelled in the Manage Subscriptions section of your account settings. We will a reasonable effort to notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
Third Party Services
Where applicable, the App may display third party content or utilize Third Party Services where we are allowed. Madebetter does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.
Use of Cellular or Mobile Services
Cellular data charges may apply when you change your subscription status. Other nominal charges may also apply elsewhere by your carrier. Consult with your carrier if you have any questions.
Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Legal Compliance
You may not use or otherwise export or re-export the app except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Madebetter LLC and its representatives from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the App or the Services; (b) your violation of any law, rule or regulation; or (c) your breach of these Terms.
Termination
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
Arbitration
By using this app, YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST MADEBETTER LLC.
Waiver of Jury Trial. WHERE APPLICABLE, EACH OF THE PARTIES IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Feedback
If you have any comments or questions in regards to the terms set forth above, we encourage you to reach out to us at support+legal@madebetter.studio
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