Terms of Use

ResonantVibe LLC — VAVE Systems

Document Version: v4.34

1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and ResonantVibe LLC ("Company," "we," "us," or "our"). These Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of www.ResonantVibe.com (the "Website"), any VAVE System (defined in Section 3), the VAVE App and the VAVE Hub, and the VAVE Ecosystem Backend (the "Cloud Services"). The Website, the VAVE Systems, the App, the Hub, and the Cloud Services are referred to collectively as the "Services."

Please read these Terms of Use carefully before you start to use the Services. These Terms of Use contain an arbitration agreement and class-action waiver in Section 34, which affects how disputes with the Company are resolved; you may opt out within thirty (30) days as described there. By accessing or using the Website, activating or using a VAVE System, downloading, installing, or using the App or Hub, or creating or using a Cloud Services account, you accept and agree to be bound by these Terms of Use, our Privacy Policy (https://resonantvibe.com/privacy-policy), our Consumer Health Data Privacy Policy, our Biometric Data Policy, our General Medical Disclaimer, Waiver & Health Acknowledgment (Section 13), and our Contraindications & Safety information, each incorporated herein by reference. If you do not want to agree to these documents, you must not access or use the Services.

The Services are offered and available only to users who are 18 years of age or older and who reside in a Supported Region (defined in Section 3). The Services are for adults only: no one under 18 may use a VAVE System or the Services. By using the Services, you represent and warrant that you meet these requirements. VAVE Systems are not toys, and small accessories should be kept away from children.

2. Changes to the Terms of Use

We may revise these Terms of Use from time to time. Any revision applies prospectively only: the version in effect when you placed an order governs that order, and the version in effect when you used the Services governs that use.

Where a change materially affects your rights regarding a VAVE System you have purchased or a Subscription you hold, we will give you at least thirty (30) days' notice before it takes effect, by email and by in-app or in-Hub notification, and the change applies to you only from the end of that notice period. If you do not accept a material change, you may cancel any affected Subscription before it takes effect; your VAVE System and its Base-tier features continue to work regardless (Section 11.1). Changes that do not materially affect your rights — corrections, clarifications, and changes we are required by law to make sooner — are effective when posted. A longer or different notice period required by the mandatory law of your state of residence controls over this Section.

Your continued use of the Services after a revised version has taken effect means you accept it. Check this page periodically.

3. Definitions

For purposes of these Terms of Use:

• "VAVE System" means, collectively, any VAVE Device, VAVE Streamer, VAVE Core, or Great VAVE configuration.
• "VAVE Player" means the playback and control computer inside every VAVE frame that renders sessions to the transducers.
• "Device" means any of the following VAVE frame product lines, each containing a VAVE Player: VAVE Nidra 6 (6.2, 6.3 and 6.4), VAVE Nest 4 (4.2), VAVE Nest Plus 6 (6.4), VAVE Go, VAVE Perch and VAVE Lounge (each, individually, a "Device," and collectively, the "Devices"), together with their accessories and firmware. Each model is named for its MRFT engine's channels; the number after the dot is the configuration, its vibration positions. VAVE Nidra 6.3 has 3, and a bolster added later makes it a 6.4. Great VAVE, a configuration of two VAVE Nidra Devices, is defined below. Every Device delivers music (audio) and multi-channel vibration. PEMF, light/red-light, and virtual reality are planned modalities and are not currently included in any VAVE System. They are not add-on modules, they cannot be purchased, and no payment enables them.
• "Great VAVE" means two VAVE Nidra frames configured as a California King, bundled with an included VAVE Streamer that synchronizes both frames.
• "VAVE Streamer" means our controller that synchronizes multiple VAVE Players, serves as a room-level content cache and network head, and is required for local sync playback beyond two Players and for ActiVAVE, and for any format delivered live to more than one Player. A Streamer is sold separately unless bundled with a Product (such as Great VAVE).
• "VAVE Core" means our aggregation controller for multiple Streamers at venue scale, which requires an active VAVE Center Subscription to operate.
• "Hum," "Sing" and "Ring": "Hum," "Sing" and "Ring" are the three levels at which a VAVE System plays a session, and the level is how far up its range the platform plays. At Hum, the platform plays so that people in the room can talk and hold a conversation. At Sing, the platform is played higher up its range and sounds in the room. At Ring, the platform is played as an instrument to the top of its range. The participant's headphones carry the whole session at every level. Every session plays at every level; sessions are compositions, ResonantVibe's sound engineer signs off each session at each level, VAVE OS composes nothing, and a System plays a session at the level chosen for it and never above its room level.
• "Room level": "Room level" is the setting in VAVE OS, Hum only; Hum and Sing; or Hum, Sing and Ring, that locks which levels a System may play, so that the System never plays above it; only the Owner's account can change it, and each change is logged. A System ships with its room level open, Hum, Sing and Ring, and the Owner sets it down to what the room can take.
• "App" means the VAVE App, our consumer and operator mobile application used to manage sessions, ownership, device settings, and local sync facilitation, and to access the Cloud Services.
• "Hub" means the VAVE Hub (VAVE Hub App), our professional control and session-delivery platform used for Streamer Curator functions, VAVE Core live control, and practice/studio session and client management. Certain enterprise, white-label, or franchise-program features of the Hub, including any Resonarah-branded franchise functionality, are governed by a separate commercial agreement and are not covered by these Terms of Use.
• "Cloud Services" or "VAVE Ecosystem Backend" means our cloud-based infrastructure providing account management, entitlements, data storage, synchronization, processing, and analytics for the Website, a VAVE System, the App, and the Hub, and which serves as the system of record for accounts, entitlements, consent records, session history, and biometric data.
• "Local Cast" means the Bluetooth audio mode that allows any phone to play audio through a VAVE System without an account, the App, or a network connection. Local Cast generates no session record, no history entry, and captures no Biofeedback Data.
• "MRFT Session" means the multi-channel session format rendered by VAVE Players.
• "Biofeedback Data" means physiological or biometric data — such as heart rate, heart rate variability, brainwave activity (EEG), blood flow and blood oxygenation (fNIRS), voice-derived acoustic features, skin conductance, respiration, or movement — collected through a VAVE System's integrated or connected sensors (including an EEG headband, a heart-rate biosensor, and, where you enable voice biofeedback, a microphone) and processed by the App, the Hub, or the Cloud Services.
• "Basic Tier" or "Base" means the no-additional-charge tier of App, Hub, and Cloud Services access included with every VAVE System, described in Section 11.
• "Subscription" means VAVE Home, VAVE Pro, VAVE Center, the standalone Content Subscription, or any Add-On Module, each described in Section 11.
• "Owner," "Operator," "Facilitator," "Curator," and "Practitioner" have the meanings given in Section 5.
• "Covered Customer" means a healthcare provider, clinic, wellness practice, employer health program, or other organization that uses the Services in a professional deployment under a signed agreement with us.
• "Products" means VAVE Systems and any related accessories we sell through the Website.
• "Resonaid" means Resonaid, a nonprofit research and grant-making organization under common ownership with ResonantVibe LLC, which sponsors, conducts, or collaborates on wellness research studies offered through the App or the Hub.
• "Research Consent Documents" means the informed consent form, research agreement, screening form, and any other document governing a specific research study offered through the App or the Hub (including the Company's and Resonaid's single-session and longer/repeated-session study consent forms), as presented to and executed by a participant at enrollment in that study.
• "General Medical Disclaimer" means the General Medical Disclaimer, Waiver & Health Acknowledgment described in Section 13, which every account holder must accept before their account is activated for sessions, and every guest before their first session (Section 15), and which is separate from, and in addition to, any Research Consent Documents.
• "Supported Regions" means the United States and its territories.
• "Services" means, collectively, the Website, the VAVE Systems, the App, the Hub, and the Cloud Services.

4. Accessing the Website, App, Hub, and Cloud Services; Account Security

We reserve the right to withdraw or amend the Services, and any content or functionality we provide through them, in our sole discretion without notice. We will not be liable if any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access to some or all of the Services.

You are responsible for making all arrangements necessary for you to have access to the Services, including a compatible device, internet connection, and Wi-Fi or Ethernet connectivity as described in your VAVE System's documentation, and for ensuring that all persons who access the Services through your account or VAVE System are aware of, and comply with, these Terms of Use.

Registering as an Owner or creating an App or Hub account requires accurate, current, and complete information. All information you provide is governed by our Privacy Policy at https://resonantvibe.com/privacy-policy and our Consumer Health Data Privacy Policy, and you consent to our handling of your information consistent with those policies.

You must treat your username, password, and any other credentials as confidential, and you may not share them or allow another person to access the Services using your credentials, except as expressly permitted for Authorized Users under Section 5. You agree to notify us immediately of any unauthorized access to or use of your account or VAVE System, or any other breach of security.

We may disable any credential and suspend or deactivate access to the App, the Hub, or the Cloud Services associated with your account at any time in our sole discretion, including if, in our opinion, you have violated these Terms of Use.

What a suspension can and cannot reach. Any suspension or deactivation under this Section, or under Section 19, reaches Subscription services and your cloud, App and Hub account access only. It does not disable the VAVE System hardware you own, its local Base-tier functionality (Section 11.1), or its safety systems, and safety- and security-critical Firmware and App updates continue to be delivered unconditionally, with or without any Subscription.

Local Cast does not require an account, the App, or these Terms of Use to be accepted by a casting device's user, since no data is captured; however, the VAVE System's Owner remains responsible for enabling or disabling Local Cast and for compliance with these Terms of Use with respect to the System itself.

5. Authorized Users; Owners, Operators, Facilitators, Curators, and Practitioners

The Services support several account roles, each with different permissions and data access. This Section allocates responsibility among them.

• "Owner" means the person or entity that registers a VAVE System and becomes its validated owner. The Owner manages the System (naming, network and accessory settings, Local Cast enablement), may transfer or remove ownership, and may delegate paid Operator and Facilitator seats (Section 11.5) to other people. The Owner is responsible for ensuring that everyone who accesses their VAVE System, App account, or Hub account — including delegated Operators, Facilitators, and guests — complies with these Terms of Use, including the consent, waiver, and safety requirements in Sections 13–15. The Owner sets each System's room level, Hum only; Hum and Sing; or Hum, Sing and Ring; only the Owner's account can change it, and each change is logged.
• "Operator" means a person to whom an Owner has delegated a seat to operate sessions on the Owner's behalf, including in Private Mode (Section 14) and for guest sessions (Section 15).
• "Facilitator" means a Center-tier role with extended, Operator-like permissions, including starting sync playback sessions from the App and intercom capability during live performances in support of a Curator. Facilitator status requires ResonantVibe training and certification.
• "Curator" means a certified role that leads live content delivery into a Streamer or Core for synchronized playback across connected Players, including for ActiVAVE and for the live delivery of any format. Curator status requires ResonantVibe Curator training and is never unlockable by payment alone.
• "Practitioner" means a user whose account has completed our one-time verified credential review, unlocking practitioner-licensed content that is never available for payment alone.

We are not a party to, and assume no responsibility for, the internal arrangement between an Owner, Operator, Facilitator, Curator, or Practitioner and any guest or client they involve in a session. The delegating party remains solely responsible for their own conduct and for obtaining any consent required from a guest or client under Sections 13–15. An Owner who delegates a seat to an Operator or Facilitator remains responsible for that person's compliance with these Terms of Use and for any fees associated with the seat.

6. Intellectual Property Rights

The Services and their entire contents, features, and functionality — including all information, software, firmware, text, displays, images, video, audio, VAVE System hardware design, and the design, selection, and arrangement thereof — are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only, and to use a VAVE System, the App, and the Hub solely as permitted under Section 7 (Software License) below. Except for the limited uses described there, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, reverse engineer, or transmit any material on the Website or embodied in a VAVE System, the App, or the Hub.

You must not access or use for any commercial purpose any part of the Services except (a) as permitted by an active VAVE Pro, VAVE Center, Hub, or other professional Subscription or entitlement you hold, within the scope that tier provides (Section 11), or (b) as expressly permitted under a separate written agreement with us. Professional use of a VAVE System, the App, or the Hub by an Owner, Operator, Facilitator, Curator, or Practitioner, within the scope of the tier held, is permitted use and is not a breach of this Section. If you wish to make any use of Website material other than as permitted here, contact sales@resonantvibe.com.

If you breach this Section, your right to use the Services stops immediately and you must, at our option, return, destroy, or uninstall any copies you have made. No right, title, or interest in the Services is transferred to you, and all rights not expressly granted are reserved by the Company.

7. Software License (App and Hub)

Subject to your compliance with these Terms of Use, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App, and to access and use the Hub as authorized, on a compatible device that you own or control, solely for your own personal, non-commercial use (or, for Covered Customers, holders of a VAVE Pro, VAVE Center, Hub, or other professional Subscription, and other authorized professional users, solely for the authorized professional use permitted by the tier you hold or described in your account agreement) in connection with an authorized VAVE System or the Cloud Services (the "License").

Firmware. Each VAVE System contains embedded software ("Firmware") licensed, not sold, to you under this Section for use solely as part of that System. We may update Firmware automatically when your System connects to the App or Hub, including updates necessary for security, safety, or regulatory compliance. Where an update materially reduces a System's core session functionality, we will provide notice and, where required by law, an alternative or remedy. Termination of your account or of the Digital Services does not terminate your license to use Firmware as installed on your System for its core offline functions.

You agree that you will not, and will not permit any third party to: (a) copy, modify, or create derivative works of the App, the Hub, or any Firmware; (b) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer them to any third party; (c) reverse engineer, decompile, or disassemble them, except to the extent such restriction is prohibited by applicable law; (d) remove, alter, or obscure proprietary notices; or (e) use them in any manner that violates applicable law or these Terms of Use.

We may (but are not obligated to) provide updates, patches, or enhancements to the App, the Hub, or Firmware, and may discontinue support for older versions at our discretion, with notice where required by law.

If you downloaded the App from the Apple App Store or Google Play Store, you acknowledge that: (a) these Terms of Use are between you and the Company, not Apple Inc. or Google LLC; (b) Apple and Google have no obligation to provide maintenance or support; and (c) Apple and Google are third-party beneficiaries of this Section and may enforce it against you.

The App, the Hub, and the Cloud Services are provided for general wellness and informational purposes only, as further described in Sections 13 and 38.

8. Trademarks

The Company name, ResonantVibe, VAVE (including VAVE Nidra, VAVE Nest, VAVE Go, VAVE Perch, Great VAVE, VAVE Streamer, VAVE Core, VAVE App, VAVE Hub, VAVE Ecosystem Backend, MRFT, and related role and program names such as Curator, Facilitator, ActiVAVE, and VAVE Mer · Ka · Ba), the taglines "Feel the Wave.™", "Feel Every Wave.™" and "Everything is a wave.™" (each pending registration), the Company logo, and all related names, logos, designs, and slogans are trademarks of the Company or its licensors. You must not use these marks without our prior written permission. All other names, logos, and marks on the Services belong to their respective owners.

9. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website, a VAVE System, the App, the Hub, or the Cloud Services:

• In any way that violates applicable federal, state, local, or international law or regulation.
• To exploit, harm, or attempt to exploit or harm minors in any way.
• To send, receive, upload, download, use, or re-use material that does not comply with the Content Standards in these Terms of Use.
• To transmit unsolicited advertising or promotional material ("spam") without our prior written consent.
• To impersonate the Company, a Company employee, another user, or any other person or entity.
• To modify, tamper with, disassemble, or attempt to gain unauthorized access to a VAVE System's Firmware, hardware, or any security feature of a System, the App, the Hub, or the Cloud Services.
• To use a VAVE System, the App, the Hub, or the Cloud Services in a manner inconsistent with our instructions, guidelines, or Contraindications & Safety information.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as we determine, may harm the Company or users, or expose them to liability.

Additionally, you agree not to: disable, overburden, damage, or impair the Services; use a robot, spider, or other automated means to access the Website or Cloud Services without authorization; use any manual process to monitor or copy Services material without our consent; introduce viruses or other malicious code, including to a VAVE System's Firmware; attempt unauthorized access to any part of the Services, including any server, database, or System pairing/communication protocol; or attack the Services with a denial-of-service attack.

10. Purchases of VAVE Systems and Other Products

This Section, together with any Terms of Sale we publish, governs purchases of VAVE Systems and other Products through the Website.

Orders; Order Confirmation; Pricing and Taxes. Your order is an offer to purchase. For purchases of VAVE Systems, payment proceeds by the staged ACH invoice process described in the Terms of Sale — each milestone invoice is due within fourteen (14) days of issuance, and an unpaid invoice triggers a written default notice with a ten (10)-day cure period — and we accept your order when we issue an "Order Confirmation": our written confirmation issued upon receipt and settlement of your downpayment invoice, as further described in the Terms of Sale. The Integrated PEMF Biomat Layer is a planned modality and is not currently offered; if and when we offer it, the same staged process applies to it. For card-paid items (Subscriptions, in-app and content purchases, and small accessories and parts), we accept your order when we send a shipment confirmation (or, for digital items, when we deliver access). Until we accept your order, we may decline or cancel it, including for pricing errors, suspected fraud, or unavailability, and will refund any amounts charged. In the United States, prices shown at checkout exclude taxes, duties, and shipping unless stated otherwise, and you are responsible for applicable sales or use taxes. Where the Terms of Sale state the display, currency, or duty-handling basis differently, that document controls.

Standard Products and Custom Orders. VAVE Systems are offered in one standard finish — white oak wood housing, charcoal gray powder-coated metal platform, beige bolsters, and gray mat (a "Standard Product"). A System ordered in any other finish or upholstery — specially procured from our suppliers' ranges for your order — is a "Custom Order," identified as such at checkout before you place the order.

Pre-Orders. If we offer a Product for pre-order, we will state the estimated ship window at checkout, and payment follows the same staged invoice process described in the Terms of Sale. A pre-order follows the cancellation and return rules below for its product type: a pre-ordered Standard Product may be canceled for a full refund of all amounts paid at any time before shipment, and a pre-ordered Custom Order may be canceled for a full refund within seven (7) days of Order Confirmation and, after that window, at any time before shipment for a refund of all amounts paid less our reasonable, documented custom-procurement costs. Your delivery-delay remedies are unaffected.

Shipping; Risk of Loss. Our default delivery term, in every channel, is EXW our facility (Incoterms® 2020), as stated in the Terms of Sale and in our Shipping, Returns & Refunds policy: title and risk of loss pass to you when the Product is made available to the carrier at our facility, and the Product travels at your risk. We will book the carrier for you as a convenience unless you tell us otherwise; doing so does not change the delivery term and does not make the carrier our agent.

If your order arrives damaged or incorrect, the Terms of Sale apply at no cost to you regardless of when risk passed.

Cancellation and Returns. A Standard Product order may be canceled for any reason at any time before shipment for a full refund of all amounts paid, with no fee (email support@resonantvibe.com with your order number). A Custom Order may be canceled for a full refund within seven (7) days of Order Confirmation; after that window you may still cancel before shipment for a refund less our documented custom-procurement costs, and a Custom Order is not returnable for change of mind after delivery, as conspicuously disclosed and acknowledged at checkout. After delivery, a Standard Product may be returned as described in the Terms of Sale and our Shipping, Returns & Refunds policy: within fourteen (14) days of delivery for any reason (normal testing — up to ten (10) sessions or five hundred (500) total minutes — never affects eligibility; you pay return shipping), and from day 15 through day 30 in like-new condition with resalable packaging (a condition deduction of up to 15% may apply to use beyond normal testing). After day 30, no change-of-mind returns. Certified refurbished Systems are sold in the United States only, directly from resonantvibe.com, and are final sale, as disclosed at checkout. None of these terms limits: your remedies for defective, damaged, or incorrect items; your Limited Warranty rights, including the return-carriage and whole-System rules summarized below; your right to a refund if we cannot deliver by an outside date stated at checkout; or any mandatory statutory withdrawal, cooling-off, rejection, or cancellation right in your state, each of which applies notwithstanding these terms and is never conditioned on exhausting service or on our authorization.

Limited Warranty. New VAVE Systems are covered by our published Limited Warranty with the following tiers, each running from the date the System is first delivered to its original purchaser: five (5) years on all metal structural components; two (2) years on all other components we build or supply; and one (1) year on upholstery, foam, and cushioning for manufacturing defects only — except where a longer period is required by applicable law. Certified refurbished Systems (US only, sold directly by us) carry one (1) year on standard and soft-surface components, with structural components carrying the remainder of the unit's original five-year period. The Limited Warranty is personal to the original purchaser and does not transfer to a subsequent owner; if you sell your System, the new owner may register ownership free of charge for safety notices (statutory rights that follow the goods are unaffected). The warranty does not cover normal wear; damage from misuse, accident, liquid exposure beyond rated limits, or unauthorized modification or repair; damage or failure caused by an accessory or component we have not approved; cosmetic damage that does not affect function; units purchased from unauthorized sellers; or the App, the Hub, or the Cloud Services, which are governed by Section 7. Causation, not status (15 U.S.C. §2302(c)). Nothing in these exclusions voids or limits coverage merely because a part, accessory, product or service not supplied or branded by ResonantVibe was used with the System, or because work on the System was performed by anyone other than ResonantVibe or a service provider ResonantVibe has approved. What is excluded is damage to, or failure of, a covered component caused by that part, accessory, product, service or work — and ResonantVibe bears the burden of showing that causal connection. If a covered defect exists, we will, at our discretion, repair, replace, or refund the affected hardware, at no charge to you for parts or labor. Shipping on a warranty claim — two things to know up front, and they belong together. We pay standard shipping on the replacement or serviced part, and we send you a prepaid return label for the removed part, so you do not have to arrange the return yourself, choose a carrier, or pay at the counter. And if we do not accept your claim, the cost of that return shipment, the label included, is invoiced to you. If you ask for something faster, the difference is yours — and that is so whether or not you hold any support or service plan. If we ask for something faster, we pay for it: where we upgrade a shipment for our own reasons — to meet a service commitment we have made, to catch up after a delay of our own, or to keep your service inside a timeframe we work to — the cost is ours, in either direction, and the ground-or-economy limit above does not apply to a leg we asked you to upgrade; we reimburse what you actually paid for the service we asked for. You are never charged for a speed you did not ask for. This turns on who asked for the speed, not on whether we accept the claim. Returning an entire System for a defect is different — it is crated freight, and it requires our authorization in advance, given once the Limited Warranty's service remedies including on-site technician service are exhausted. The Limited Warranty states the objective triggers that automatically qualify a System, the five (5) business-day window in which we decide, and that we bear crating and freight on an authorized return. None of this conditions or delays any statutory right. The full terms, service model, and claim procedure are in the published Limited Warranty, which is incorporated by reference.

Not for Resale. Products are sold for personal use or authorized professional use only and may not be purchased for resale or commercial redistribution without a separate written agreement with us.

11. Subscriptions, Content Commerce, and Billing

The VAVE commercial model has several layers, described below. Safety systems (thermal protection, duty-cycle limits, output limiting, surge protection, emergency stop) and safety- or security-critical software patches are always active and always delivered, with or without any Subscription.

11.1 Base (Included, $0/month)

Every VAVE System includes, at no additional charge: account creation and management; ownership and device management functions; self and guest sessions; Local Cast; local sync playback for up to two Players where a Streamer is present; the Starter Content Package (free, permanent); purchase-to-own and rental content; session history for the current day only in the App/Hub (see Section 12.2 for how this relates to backend data retention); data export of your own account data on request; and safety- and security-critical Firmware and App updates. Base does not include extended session history, premium content streaming, operation beyond the 48-hour offline grace window, local sync beyond two Players, cloud-synced or live-hosted sessions, Operator/Facilitator delegation, remote diagnostics, or a technical support line.

11.2 VAVE Home, VAVE Pro, and VAVE Center

Paid Subscription tiers add capability on top of Base:

• VAVE Home — for household use. Includes the Content Subscription, full personal session history, live-stream receiving, and Session Booking as an add-on.
• VAVE Pro — for a practitioner office with one to two Systems. Adds three Operator seats, session-access grants, appointment/System scheduling, cloud-synced group sessions on your own Systems, and Session Booking with approval workflows.
• VAVE Center — for wellness centers, clinics, and venues at multi-System scale. Adds five Operator seats, two Facilitator seats, VAVE Core operation, fleet-wide cloud-synced and live-hosted sessions, center-wide history and audit views, and priority support.

A lapsed Subscription returns the account to Base: downloaded and purchased content, ownership, Local Cast, two-Player local sync, and self/guest sessions continue; history reverts to current-day visibility in the App/Hub (subject to Section 12.2); safety systems and critical patches continue unconditionally. A lapsed Center Subscription also suspends VAVE Core operation and Facilitator seats. On renewal, your account resumes where it left off — history, custom programs, and settings are preserved and restored.

11.3 Content Commerce

Every catalog title carries one or more of the following acquisition paths:

• Starter Content Package — included with every VAVE System, permanently cached, never expires, never Subscription-gated.
• Per-Session Rental — pay-per-use access for a single play or a defined window (for example, 48 hours); requires a live entitlement check and is not available offline or in Island Mode.
• Purchase-to-Own — a one-time purchase that permanently unlocks a title; survives any Subscription lapse; if evicted from local cache, re-downloading requires only your account login and an internet connection — never a Subscription.
• Content Subscription — a standalone paid Subscription (purchasable on Base, included in every tier) that streams our premium content library with new releases, unlocks the program builder for custom session programs, and applies a discount to rent-only premium titles. On lapse, premium streaming and the discount pause; your purchased content, the Starter Content Package, and downloaded custom programs remain playable.

Certain titles — including practitioner programs and other contraindication-sensitive programs — require a verified Practitioner credential on the account regardless of tier or payment, and are never unlockable by payment alone.

11.4 Add-On Modules

The following modules are separately priced and available on Base and all tiers unless noted. A module lapse pauses the associated capability; your data, downloads, and consents are retained.

• Island Mode — sustained offline operation beyond the standard 48-hour grace window. Requires both an active Subscription and an explicit permission grant; sessions log locally and sync when connectivity returns. Island Mode is a paid Add-On Module for as long as we are running the Cloud Services, and remains payable throughout that time. The free offline-operation unlock at Section 7 of our published Product Support & Longevity Commitment applies only if we discontinue the Cloud Services for your System model — a different situation, and not a competing or alternative offer. It does not make Island Mode free, in whole or in part, while the Cloud Services are running.
• Biofeedback — unlocks biofeedback sensing (voice-derived features, EEG, heart rate, heart rate variability, and similar signals via a microphone, EEG headband, and/or heart-rate biosensor); requires the Biofeedback consent presented in the App (see Section 12.1).
• Extended Data Retention — extends storage of your session history and Biofeedback Data deltas beyond the default twenty-four (24)-month retention period described in Section 12.2, for as long as the module's subscription (or a tier that includes it) remains active.
• Raw Biometrics Storage — a paid storage module that retains the raw sensor data underlying your Biofeedback Data (rather than the delta-only default described in Section 12.2), with restricted viewing and export, for as long as the module's subscription remains active; requires the separate Raw Biometrics consent presented in the App. On lapse, raw data is deleted within ninety (90) days (an export window is provided) and your account returns to delta-only storage. Outside this module and research mode (Section 16), raw sensor readings are always deleted once the session delta is computed.
• Session Booking — lets you book a System, a session, or both for another person, described in Section 15; included in Pro and Center.
• Live Host — hosting or broadcasting live-stream sessions beyond your own fleet; requires Curator certification to lead the broadcast.

Private Mode is not an add-on module and is not for sale: an Operator may use the Private Mode workflow under a qualifying business agreement with us (Section 14).

11.5 Scaling and One-Time Fees

Additional Operator seats, Facilitator seats (Center), local sync seats (for a third or further Player under one Streamer, available at every tier including Base), and additional Systems (Center) are billed per seat or per unit as shown at checkout or in your account. Practitioner credential verification and Curator training/certification are one-time fees, priced separately, and are prerequisites that cannot be satisfied by payment alone — they require completing the applicable review or training program.

11.6 Billing, Auto-Renewal, and Cancellation

Subscriptions and Add-On Modules are billed in advance on a recurring basis (monthly or annually) as shown at checkout or in the App or Hub, beginning on the earlier of activation or the start date stated at enrollment, and renew automatically at the then-current rate until canceled.

What you see before you are charged. At every point of enrollment — Website checkout, the App, the Hub, or an order form — we present, adjacent to the purchase button and before any payment step, a clear and conspicuous disclosure of the product, the price and billing period, the fact and timing of automatic renewal, and how to cancel, together with a separate, unchecked consent checkbox for the automatic-renewal terms. That checkbox is never combined with any other consent, including the Biofeedback consent described in Section 12.1. The disclosure reads substantially as follows: "Your Subscription renews automatically at the then-current rate until you cancel. We will email you a reminder at least 30 days before each annual renewal, and before any renewal following a price change. Cancel anytime in the App or Hub under Settings → Subscription, or at resonantvibe.com/account; cancellation takes effect at the end of your current billing period, and your VAVE System and its Base-tier features continue to work without any Subscription." After you enroll, we email you an acknowledgment you can keep, restating the product, the price, the renewal date, the date of any first charge, and the cancellation path.

Reminders. For annual plans we email you a renewal reminder at least thirty (30) days before each renewal. Where an included or bundled subscription period converts to a paid Subscription — for example, a promotional included year — we email you a conversion notice at least fourteen (14) days before the first charge. We also email a reminder before any renewal that follows a price change, stating the old and the new price, whatever the length of the term. Once a year we send you a summary of your active Subscriptions with cancellation links.

Cancellation. You may cancel any Subscription at any time in the App or the Hub under Settings → Subscription, or at resonantvibe.com/account. Cancellation is as easy as signing up — no phone call, no chat queue, and no retention flow that materially delays it. Cancellation takes effect at the end of your current billing period, you keep access until then, and we email you a confirmation stating your end-of-access date. Canceling also ends the recurring-payment authorization for that Subscription. Your VAVE System and its Base-tier features continue to work without any Subscription (Section 11.1).

Upgrades, downgrades, and failed payments. An upgrade — to a higher tier, additional seats or Systems, or an added module — takes effect immediately and is charged on a prorated basis for the remainder of the current billing period, with the full new rate applying from the next renewal. A downgrade takes effect at the next renewal, and no refund or credit of the difference is given for the remainder of the paid period; the higher tier's features remain available until the downgrade takes effect. If a payment fails, we run a fourteen (14)-day dunning sequence — up to three (3) retry attempts, each with an email notice stating the amount due, the retry schedule, and the consequence of continued non-payment. You may update your payment method at any time during that period, and payment received during it restores the Subscription without interruption.

Except where required by applicable law — including the refund we give if we discontinue a Cloud Service, Subscription or module you have prepaid for (Section 23), and any law of your state or territory restricting the retention of sums paid for an unused prepaid period — fees are non-refundable, including for partial or unused periods.

We may change Subscription pricing or included features upon reasonable notice; continued use of a paid Subscription after a price change takes effect constitutes your acceptance. If you do not agree, you may cancel before the change takes effect. We may from time to time offer promotional pricing, trial periods, or event-based passes (for example, a limited-duration Island Mode pass or a per-broadcast Live Host pass) in place of a recurring Subscription for a given module.

12. Biofeedback Data and Health Information

Certain VAVE Systems include sensors that collect Biofeedback Data, processed by the App, the Hub, and, where you enable account syncing, the Cloud Services. Full details are in our Privacy Policy, our Consumer Health Data Privacy Policy, and our Biometric Data Policy at https://resonantvibe.com/privacy-policy.

12.1 Purpose, Consent, and Security

Purpose. We process Biofeedback Data to operate the biofeedback and related wellness features you enable, display your real-time and historical readings, generate the personalized wellness insights you enable, and troubleshoot and secure the Services.

Consent. We collect Biofeedback Data only after you provide the informed, affirmative Biofeedback consent presented in the App or Hub (and, for the Raw Biometrics Storage module, a separate Raw Biometrics consent). These consents are separate from, and in addition to, the General Medical Disclaimer described in Section 13. You may withdraw consent at any time in Settings or by contacting privacy@resonantvibe.com; the affected module's features will be disabled, but your System's other functions continue to work.

Security. Biofeedback Data is encrypted in transit (TLS 1.2+) and at rest (AES-256) at all times, with role-based access limited to personnel who need it to operate the Services.

No Sale; No Profit From Biometric Data. We do not sell your personal information, and we do not sell, lease, trade, or otherwise profit from your Biofeedback Data or any other personal information.

12.2 App Display Versus Backend Retention

The "current day only" history shown in the App or Hub under the Basic Tier (Section 11.1) is a display limitation of your VAVE System's local device cache, not a description of how long your data is actually kept. Once a session finishes, your session history and Biofeedback Data upload to the Cloud Services (the system of record) and, once upload is verified, are cleared from local device buffers; the App or Hub then shows only what the local device still holds unless your tier entitles you to full backend history (Home and above).

Backend retention and deletion of your data follow one of two tracks:

• Ordinary consumer accounts (outside a professional deployment). Raw sensor readings are processed into a summary ("delta") at session termination and the raw readings are then deleted — raw data is retained only in research mode (Section 16) or under an active Raw Biometrics Storage module (Section 11.4). Your deltas and session history are retained for up to twenty-four (24) months from your last interaction with the Services, unless you hold an active Extended Data Retention or Raw Biometrics Storage subscription, in which case the covered data is retained for as long as that subscription remains active (on lapse, the standard twenty-four-month clock applies to deltas, and raw data is deleted within ninety (90) days after an export window). Whatever the subscription, identifiable biometric data is deleted no later than twenty-four (24) months after your last use of the Services, as our Biometric Data Policy provides. All such data is deleted within thirty (30) days of account deletion or withdrawal of consent, whichever comes first, consistent with applicable consumer health-data and biometric-privacy laws; where a stricter statutory limit applies (for example, a maximum retention period under biometric-privacy law), that shorter period controls. You may request deletion at any time via Settings → Privacy or by emailing privacy@resonantvibe.com. When you delete your account or ask us to delete your data, we delete your name and the personal data we hold about you. We keep a record that each session took place (the time, the composition, the duration and the VAVE System) without anything that identifies you and without any Biofeedback Data, as in a Private Mode session (Section 14): under the account of the person who ran the session, or, for sessions you ran on your own VAVE System, in that System's history.
• Professional deployments (Covered Customer / Hub). Retention and deletion follow the signed agreement between the Covered Customer and us, and the Covered Customer's instructions, which may require retention for longer than the consumer schedule above.
• Data collected as part of a research study governed by Research Consent Documents. Retention and deletion follow Section 16.5, not the consumer schedule above.

Order and payment records, support correspondence, and security logs are retained on separate, shorter administrative schedules described in Section 13 of our Privacy Policy.

13. General Medical Disclaimer, Waiver, and Session Screening

VAVE Systems deliver sound and vibration in every session and, where the Biofeedback module is enabled, biofeedback-guided experiences. PEMF, light/red-light and virtual reality are planned modalities and are not currently included in any VAVE System: they cannot be purchased, and no payment enables them. The screening, contraindication and modality-protection provisions in this Section cover them in full, so that the protections are already in place if and when they are introduced. This Section describes the General Medical Disclaimer, Waiver & Health Acknowledgment (the "General Medical Disclaimer") and the screening steps built into the App and the Hub that you and any guest must complete before and during use. A guest accepts the General Medical Disclaimer personally, as Section 15 describes. The General Medical Disclaimer applies to every user, regardless of whether they ever participate in a research study; research participants complete it in addition to the study-specific Research Consent Documents.

13.1 General Wellness Disclaimer

VAVE Systems, the App, the Hub, and the Cloud Services are general wellness products intended to support relaxation, stress management, mindfulness, and overall well-being. They are not medical devices, have not been cleared or approved by the FDA or any comparable regulator, and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Biofeedback Data and any insights we display are informational only, are not medical advice, and do not create a relationship with a doctor or other healthcare provider. Never use a VAVE System as a substitute for professional medical care, and never delay seeking care because of anything shown in the App or Hub.

13.2 Contraindications and Safety

We recommend that you obtain clearance from your primary care physician before using a VAVE System if any of the following applies to you: you have a pacemaker, defibrillator, neurostimulator, cochlear implant, insulin pump, or any other implanted electronic device or other medical implant; you are pregnant; you have a history of seizures or epilepsy (including photosensitive epilepsy, which is relevant to the light and virtual reality modalities); you have deep vein thrombosis, a known blood-clotting disorder, or take anticoagulant medication; you have severe or unstable cardiovascular disease, severe hypotension, or a recent heart attack or stroke; you have had recent surgery, a recent fracture, acute inflammation, an open wound, or an acute injury in an area the Device or a sensor contacts; you have severe osteoporosis, spinal instability, or a condition affected by mechanical vibration; you have active cancer or are undergoing chemotherapy or radiation treatment; you have a significant psychiatric condition or are experiencing severe psychological distress; you have photosensitivity, take photosensitizing medication, or have a significant eye condition (relevant to light modalities); you have vertigo, severe motion sickness, or a balance disorder (relevant to virtual reality); or you have skin sensitivity or a skin condition where sensors or surfaces make contact.

During every session: start at low intensity; stop immediately if you feel pain, numbness, tingling, dizziness, nausea, or chest discomfort; do not use a VAVE System while driving or operating machinery; do not use it on broken skin, submerge it, or use it in a sauna or steam environment; and do not use it while you have a fever or symptoms of contagious illness. Full details are in our Contraindications & Safety information, which is incorporated by reference and which we recommend you review with your clinician if any of the above applies to you.

13.3 General Medical Disclaimer (Account Activation and Guests)

After you create an App or Hub account, your account is not activated for sessions until you have reviewed and accepted the General Medical Disclaimer, which covers the General Wellness Disclaimer, the Contraindications and Safety information above for all modalities — music, vibration and biofeedback sensing now, and PEMF, light/red-light and virtual reality if and when they are introduced — and your voluntary assumption of the risks of using a VAVE System. We capture this as an electronic signature — your typed legal name paired with an affirmative checkbox — because it is the single comprehensive liability release governing your use of physical VAVE hardware. Our backend records the exact form version presented, the timestamp of acceptance, and your authenticated account. If we update the General Medical Disclaimer, you will be required to review and accept the updated version before your next session, and each new acceptance is recorded in the same way. A guest who takes a session without an account accepts the General Medical Disclaimer personally before their first session, as Section 15 describes, and the record carries the email address or mobile number the guest used in place of an account.

Disclosed before purchase; not a waiver of non-waivable rights. The current text of the General Medical Disclaimer is available for you to read before you buy — on the product page, at checkout before you place your order, and on request from support@resonantvibe.com. Accepting it is a condition of activating an account for sessions; it is not a condition of your purchase, and it does not affect your cancellation, return, refund, delivery, or Limited Warranty rights under Section 10 and the Terms of Sale. It does not waive, and cannot waive, any right or remedy that the mandatory law of your state of residence does not permit to be waived — including liability for death or personal injury caused by our negligence.

13.4 Condition-Triggered Acknowledgment and Modality Protection

If your account setup or pre-session screening indicates a condition described in Section 13.2 (or any other flagged contraindication), the App or Hub records the condition, and you will be told to obtain clearance from your primary care provider before continuing. You may then (a) confirm that you have obtained that clearance, or (b) acknowledge and accept the described risks, by a separate recorded acknowledgment, and proceed at your own risk, or (c) decline, in which case the session does not go ahead. The App or Hub lets you proceed only after the recorded acknowledgment at (a) or (b). No automatic modality protection is claimed for sound or vibration. This acknowledgment is captured separately from, and in addition to, the General Medical Disclaimer in Section 13.3, with the same version and timestamp recordkeeping.

Light/photic, PEMF and virtual reality are planned modalities and are not currently included in any VAVE System. The blocks below apply if and when those modalities are introduced. Certain combinations are hard-blocked for safety and can never be re-enabled by acknowledgment or by payment: PEMF, if and when introduced, will be permanently disabled for accounts reporting a pacemaker, defibrillator, neurostimulator, or other implanted electronic device, or pregnancy; light/photic modalities, if and when introduced, will be permanently disabled for accounts reporting photosensitive epilepsy; and virtual reality, if and when introduced, will be subject to this same hard block on the same terms — permanently disabled for accounts reporting photosensitive epilepsy. In each case the block will never be restorable by operator action, your acknowledgment, or payment. A hard-blocked modality can be restored only by updating your health profile if the condition no longer applies.

13.5 Pre-Session Screening

Before starting a session (or as otherwise prompted by the App or Hub), you will be asked to confirm three things: that you are not impaired and are able to decide for yourself to take the session; that none of the conditions in Section 13.2 applies to you, or that your physician has cleared you and you have recorded the clearance under Section 13.4; and that you accept the risks and understand that a VAVE System is a general wellness product, not a medical device. If a condition has changed, or you indicate a new condition, the Condition-Triggered Acknowledgment in Section 13.4 applies again before you may continue. If the General Medical Disclaimer has been revised since your last acceptance, you will also be asked to accept the current version before the session begins. Each pre-session confirmation is recorded with its timestamp and the form version then in effect.

The specific consent, waiver, and screening flows described in this Section are implemented within the App and the Hub and may be updated from time to time to reflect current safety guidance; the current in-app or in-Hub version of each flow controls and is incorporated into these Terms of Use by reference.

13.6 Session Formats and Duration

VAVE sessions come in four formats: VAVE Mer · Ka · Ba (self-guided), ActiVAVE, VAVE Practice and VAVE Extended. Live and playback are ways a session is delivered, not formats.

Practitioner-led formats. Two session formats are available only through trained practitioners and are not offered for unsupervised consumer use: (a) VAVE Practice, an interactive session in which the practitioner operates the VAVE System in real time throughout the session; and (b) VAVE Extended, a longer-form session combining guided (ActiVAVE) and receptive vibroacoustic segments in a phased structure, with a trained operator present throughout.

Session duration. VAVE Mer · Ka · Ba, the self-guided session, carries a suggested limit of 45 minutes of vibration per session: a precautionary limit set by ResonantVibe pending medical review, and not a clinical recommendation or a safety threshold. Talk, silence and guidance don't count; only the minutes the platform is vibrating. Those minutes count on every tactile position of the System, deck and bolster alike. At 45 minutes, the App shows a notice that the session has reached the suggested 45 minutes; to continue, you acknowledge the notice, and the App records your acknowledgment. The System does not stop the session. ActiVAVE and VAVE Practice carry no limit, and VAVE Extended carries no cap. The duration of a live session determines its format: a live session whose vibration exceeds the suggested 45 minutes is a VAVE Extended session, whatever its name at booking, and carries VAVE Extended's operator requirement; this rule governs VAVE Mer · Ka · Ba sessions. The Contraindications & Safety information states these session rules in full and governs.

13.7 Hum, Sing and Ring; the Sing and Ring Conditions

The Sing and Ring conditions. A session plays at Sing or at Ring only when all three conditions hold: the System's room level allows that level; the participant wears headphones and lies still; and, while the session plays at Sing or Ring, everyone else in the room wears hearing protection. Every VAVE Mer · Ka · Ba and VAVE Extended session plays in headphones, at every level, for the whole session; without headphones the session does not start. A participant's first three sessions of VAVE Mer · Ka · Ba, ActiVAVE playback or VAVE Extended are the intro program: Mer, then Ba, then Mer, Ka and Ba, each at the level the Owner chose when the room was calibrated. VAVE Practice and live ActiVAVE play at Hum, with a practitioner or lead present, and the intro program does not gate them. A Private Mode session (Section 14) is not gated either. VAVE OS keeps the program for that participant's profile; after the program, the participant may take any session, at any level the room level allows. A guest whose session runs on a session grantor's confirmation (Section 15) starts at the program's first step; for a guest the session grantor knows, the session grantor may choose a later step, and the App records the choice as the session grantor's, under the responsibility Section 15 describes. ActiVAVE sessions in which participants move without headphones play at Hum.

Choosing a session with a Ka. We recommend choosing a session with a Ka only once you can complete a Mer session and a Ba session comfortably. Ka is the composition for activation. Emotion can surface during activation; begin a Ka session knowing that. Every session with a Ka ends with Ba, the composition for integration, so the session moves from grounding, through activation, to settling. A nervous system moves between activation and rest, and returns to rest in its own time. How each level sounds in a room is described in The Instrument Sings, the sound disclosure and buyer acknowledgment (SND-1.3), which the Owner acknowledged before ordering the System.

14. Private Mode

Private Mode is a workflow an Operator may use under a qualifying business agreement with us. In a Private Mode session we do not record who the participant is, biofeedback is not available, and the session counts toward the System's usage total without being attributed to a person.

Before an Operator can enable Private Mode for a session, the Operator must accept an in-app or in-Hub acknowledgment confirming that the Operator is solely responsible for providing the General Wellness Disclaimer and Contraindications and Safety information to, and obtaining any consent required from, the individual undergoing the session, and that the Operator may proceed only if that individual fully understands the risks described in Section 13 and has given their permission. The Company disclaims all liability for an Operator's failure to satisfy this responsibility, and an Owner and Operator who enable Private Mode agree to indemnify the Company as described in Section 32 for any claim arising from that failure.

15. Guest Sessions

A session may be run for someone who does not hold the account running the session (a "guest") in one of the following ways. Every guest must be 18 years of age or older.

• The guest accepts on their own phone. Before a guest's first session, we send the guest a link by email or text message, or the session shows a code, and the guest reviews and accepts the General Medical Disclaimer personally, on their own phone, with a typed legal name and a checkbox. Before every session the guest confirms the Pre-Session Screening in Section 13.5 the same way and, where a condition applies, completes the Condition-Triggered Acknowledgment in Section 13.4 personally. Where the session will collect Biofeedback Data, the guest also gives the Biofeedback consent described in Section 12.1 personally. No one can accept the General Medical Disclaimer, or give the Biofeedback consent, on a guest's behalf. We send the guest a copy of what they accepted.
• The session grantor takes responsibility. If a guest does not accept on their own phone, the Owner, Operator, Facilitator or other user running the session (the "session grantor") may instead confirm in the App, before the session starts, each of the following, each recorded separately: that the session grantor checked that the guest is 18 or over; that the session grantor shared the full General Medical Disclaimer and the Contraindications and Safety information with the guest; and that none of the conditions listed in Section 13.2 applies to the guest. By confirming, the session grantor takes responsibility toward the Company, in the guest's place, for those steps and for that guest's session. The session grantor may record the guest's acceptance on a paper form for the session grantor's own records; we do not receive that form, and we keep the session grantor's confirmation and nothing that identifies the guest. The session grantor's confirmation does not reach a guest to whom a condition listed in Section 13.2 applies: that guest completes the Condition-Triggered Acknowledgment personally, on their own phone, or the session does not go ahead. A session on a session grantor's confirmation collects no Biofeedback Data and starts at the intro program's first step unless the session grantor chooses a later step (Section 13.7). The Company disclaims all liability for a session grantor's failure to carry out the steps the session grantor confirmed, and a session grantor who confirms for a guest agrees to indemnify the Company as described in Section 32 for any claim arising from that failure.
• Assigned or Booked Sessions. Where a session is booked or assigned to a specific person using the Session Booking module (Section 11.4), that person must use their own App account to complete the General Medical Disclaimer, and any Condition-Triggered Acknowledgment and Pre-Session Screening, themselves. The person who books or assigns the session does not, and cannot, consent on the recipient's behalf.

Section 5 (Authorized Users) governs responsibility for guests among Owners, Operators, and Facilitators.

16. Research Use of Data

This Section describes how we, and Resonaid, use Biofeedback Data and other information for research, including through named studies offered inside the App (such as the single-session and longer/repeated-session studies described in the applicable Research Consent Documents).

16.1 De-Identified and Aggregated Use

We may use de-identified and/or aggregated Biofeedback Data and session information — stripped of information that could reasonably identify you — to improve the Services, for internal research and development, and for product and scientific research. De-identified and aggregated data, and analyses we derive from it, are owned by ResonantVibe LLC.

16.2 Research Collaborations; Resonaid

We, and Resonaid, may share de-identified, aggregated data with third-party research collaborators, including academic institutions and other research entities, under contractual confidentiality and use restrictions. Results of these collaborations — including any study conducted or sponsored by Resonaid — may be published or shared publicly, always in de-identified form. Because Resonaid is under common ownership with the Company, any collaboration between the Company and Resonaid is disclosed in the applicable Research Consent Documents as a potential conflict of interest.

16.3 Identified Data, Named Studies, and Research Consent Documents

We will never use identifiable Biofeedback Data for a specific research study without your separate enrollment in that study and your execution of the Research Consent Documents for that study, which describe its purpose, what data will be collected and how it will be used, shared, and protected, and your right to withdraw at any time without affecting your use of the Services outside that study.

Research Consent Documents control. If you enroll in a research study offered through the App or the Hub, your participation in that study is governed by the Research Consent Documents for that study, which are incorporated into these Terms of Use by reference for participants in that study and control over these Terms of Use to the extent of any conflict regarding your participation in that study. You, and not the Company, are responsible for reading, understanding, and complying with the Research Consent Documents applicable to any study in which you participate.

16.4 Institutional Review Board Applicability

The Company has made a deliberate, documented determination that its currently offered research studies — which are pilot studies — do not require review by an institutional review board ("IRB") or equivalent independent ethics committee under the Common Rule (45 C.F.R. Part 46). This is because neither the Company nor Resonaid receives federal funding for these studies, neither operates under an OHRP-registered Federalwide Assurance, and the VAVE System is not, in this context, an investigational device subject to FDA human-subject-protection regulations. If a future study is federally funded, conducted under a Federalwide Assurance, or otherwise requires IRB review under applicable law, that study will undergo review by an IRB or equivalent independent ethics committee, and its Research Consent Documents will disclose that review. Even where IRB review is not legally required, the Company and Resonaid voluntarily apply informed-consent, privacy, and safety practices modeled on IRB-reviewed research.

16.5 Data Retention for Research Studies

Data collected under Research Consent Documents is stored and processed within the Cloud Services (VAVE Ecosystem Backend) — the same infrastructure used for other Biofeedback Data — subject to access controls that keep it separate from ordinary consumer deletion requests, so that a consumer account deletion does not inadvertently delete data you consented to provide for research. Unless you separately opted into indefinite retention for future research use as described in the applicable Research Consent Documents, de-identified research data is retained for up to seven (7) years following completion of the study in which you participated — the longest retention period commonly applied to minimal-risk research records under IRB practice, applied here even though, as described in Section 16.4, IRB review does not apply to our current studies — after which it is deleted or further de-identified so that it can no longer reasonably be associated with you. The log linking your identity to your research data is destroyed after the study's analysis is complete, as described in the applicable Research Consent Documents. This Section 16.5 controls over Section 12.2 for data collected under Research Consent Documents.

16.6 Adverse Events

If you experience an unexpected or serious adverse reaction, injury, or other adverse event while participating in a research study, you must report it as directed in the applicable Research Consent Documents, and you should also stop use and seek medical attention if warranted, consistent with Section 13. The Company and Resonaid will document, and, where required by the applicable Research Consent Documents, follow up on, reported adverse events.

17. Professional Deployments

If you use the Services as part of a professional deployment, such as a clinic or a practitioner's practice, the signed agreement between your organization and us governs how health information is handled in that deployment.

18. User Contributions

The Website, App, or Hub may contain community features (collectively, "Interactive Services") that allow users to post content or materials ("User Contributions"). All User Contributions must comply with the Content Standards in Section 20. Any User Contribution you post is considered non-confidential and non-proprietary. By posting a User Contribution, you grant us and our affiliates and service providers the right to use, reproduce, modify, perform, display, distribute, and disclose it for any purpose.

You represent and warrant that you own or control all rights in your User Contributions and that they comply with these Terms of Use. You, not the Company, are responsible for your User Contributions, including their legality, reliability, accuracy, and appropriateness.

19. Monitoring and Enforcement; Termination

We have the right to remove or refuse to post User Contributions; take any action we deem necessary regarding content that we believe violates these Terms of Use or creates liability; disclose your identity to a third party claiming a rights violation; take legal action, including referral to law enforcement; and terminate or suspend your access to all or part of the Services, or disable connected features of a VAVE System, for any or no reason, including a violation of these Terms of Use. No suspension, termination, or disabling under this Section reaches the VAVE System hardware you own, its local Base-tier functionality, or its safety systems, each of which continues to operate as described in Section 4 and Section 11.

We cooperate with law enforcement authorities and court orders requesting disclosure of information about anyone posting materials on the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ACTIONS TAKEN DURING, OR AS A CONSEQUENCE OF, SUCH INVESTIGATIONS.

We do not undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material. We assume no liability for any action or inaction regarding content provided by any user or third party.

20. Content Standards

User Contributions must comply with all applicable law and must not: be defamatory, obscene, indecent, abusive, harassing, violent, or hateful; promote sexually explicit material, violence, or unlawful discrimination; infringe intellectual property or other rights; violate the legal rights of others or create civil or criminal liability; deceive any person; promote illegal activity; cause needless alarm or annoyance; impersonate any person or organization; involve unauthorized commercial activity; or falsely imply endorsement by us. Consistent with our Community Guidelines, User Contributions must also not present VAVE Systems as diagnosing, treating, or curing any condition, must not discourage anyone from seeking medical care, and must not disclose another person's Biofeedback Data or health information without their consent.

21. Copyright Infringement

If you believe User Contributions violate your copyright, send our designated DMCA agent a notice containing your signature; identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a good-faith statement that the use is unauthorized; and a statement, under penalty of perjury, that your notice is accurate and you are authorized to act for the owner. We will remove or disable access to identified material, notify the poster, and accept compliant counter-notices. We terminate the accounts of repeat infringers. Misrepresentations in a notice or counter-notice may create liability under 17 U.S.C. §512(f). Our designated agent to receive notices of claimed infringement is: Copyright Agent, ResonantVibe LLC, 42 W Byers Pl, Denver, CO 80223; telephone +1 (303) 222 0963; email copyright@resonantvibe.com. Our designation is registered with the U.S. Copyright Office, DMCA Designated Agent Directory, registration number DMCA-1082311. If we remove your User Contribution and you believe the removal was a mistake or a misidentification, you may send the designated agent a counter-notice containing your physical or electronic signature; identification of the material removed and of the place where the material appeared before removal; a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and your name, address and telephone number, with a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which we may be found) and that you will accept service of process from the person who sent the notice or that person's agent. Unless the person who sent the notice tells our designated agent, within 10 business days, that they have filed a court action to restrain the activity, we restore the material, or end the block on access, 10 to 14 business days after we receive a compliant counter-notice. Send only copyright notices and counter-notices to the designated agent; for support, write to support@resonantvibe.com.

22. Reliance on Information Posted

Information presented through the Services is for general information purposes only; we do not warrant its accuracy, completeness, or usefulness. This includes any wellness insights, scores, or recommendations generated from Biofeedback Data, which are informational only and should not be relied upon as medical guidance. Any reliance you place on such information is at your own risk.

The Services may include third-party content. Statements or opinions in that content, other than content we provide, are solely the responsibility of the person or entity providing it and do not necessarily reflect our views. We are not responsible for the content or accuracy of third-party materials.

23. Changes to the Website, App, Hub, or Cloud Services

We may update the Website, the App, the Hub, and the Cloud Services from time to time, and may release Firmware or software updates for a VAVE System, but such content is not necessarily complete or current, and we do not guarantee that any individual feature, App or Hub version, or Cloud Service will remain available indefinitely.

Our longevity commitments limit that discretion for the System you own. Our published Product Support & Longevity Commitment applies to every System we sell and is incorporated by reference. Under it, and notwithstanding Section 4: we will not discontinue the Cloud Services for your System model while your System remains within its warranty period; we will provide security updates for each model for at least two (2) years from the date we last sell that model new; we will give at least six (6) months' advance notice, by email and in-app, before discontinuing the App, the Hub, or the Cloud Services for a model, and we will provide a way to export your session history and Biofeedback Data in a portable format, available for at least thirty (30) days after the discontinuation date as well as throughout the notice period; and if we discontinue a Cloud Service, Subscription, or Add-On Module you have prepaid for, we will refund what you paid for anything you have not yet received — whether you bought it as a subscription period or as a one-time pass — to your original payment method, worked out as set out in Section 5 of that Commitment. Safety systems, safety- and security-critical updates, and your System's local Base-tier functionality continue regardless. The Commitment states these, the parts, tools and repair-documentation availability period, and our offline-operation intention in full, and controls over this Section wherever the two differ.

24. Information About You and Your Visits to the Services

All information we collect through the Website, the App, the Hub, a VAVE System, or the Cloud Services — including Biofeedback Data — is subject to our Privacy Policy, our Consumer Health Data Privacy Policy, and our Biometric Data Policy. By using the Services, you consent to our handling of your information consistent with those policies.

25. Online Purchases and Other Terms and Conditions

Purchases of VAVE Systems, other Products, or Subscriptions are governed by Section 10, Section 11, and any Terms of Sale we publish, each incorporated by reference. Additional terms may apply to specific Services, including any App- or Hub-specific license terms (Section 7) and any signed agreement for a professional deployment (Section 17). Those additional terms are incorporated by reference.

26. Linking to the Website and Social Media Features

You may link to our homepage in a way that is fair, legal, and does not damage or exploit our reputation, without implying association, approval, or endorsement. Where we provide social media features, you may use them only as provided and only with the content they are displayed with. You must not frame, deep-link, or in-line link to the Website other than to the homepage, or otherwise use Website materials inconsistently with these Terms of Use. We may withdraw linking permission or disable social media features at any time without notice.

27. Links from the Website

Links to third-party sites or resources, including in advertisements, are provided for convenience only. We do not control and are not responsible for third-party content, and accessing linked third-party sites is entirely at your own risk and subject to their own terms.

28. International Availability

ResonantVibe LLC is based in the State of Colorado, United States. We currently sell and support the Services in the United States and its territories. If you access the Services from outside the Supported Regions, you do so on your own initiative and are responsible for compliance with local law.

29. Regulatory Compliance

A VAVE System with wireless, Bluetooth, or other radio-frequency components is offered for sale in a market only once the radio authorization that market requires has been obtained for that Device model. The authorization that applies is FCC Part 15 (United States). We do not represent that any Device model holds an authorization it has not yet obtained. FCC Class B devices are subject to the conditions that they (a) may not cause harmful interference, and (b) must accept interference received, including interference that may cause undesired operation. Declarations of Conformity and regulatory identifiers are published for each Device model, once issued, on our Regulatory Compliance page and in that Device's Instructions for Use.

30. Disclaimer of Warranties

You understand that we cannot guarantee that files available through the Website, the App, or the Hub will be free of viruses or other destructive code, and you are responsible for your own anti-virus protection and data backup practices.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL AFFECTING YOUR EQUIPMENT, A VAVE SYSTEM, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT FOR THE LIMITED HARDWARE WARRANTY IN SECTION 10. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, IN RESPECT OF THE WEBSITE, THE APP, THE HUB, AND THE CLOUD SERVICES.

Implied warranties on VAVE System hardware are limited in duration, not disclaimed. Because we give you a written Limited Warranty on your VAVE System, we do not disclaim the implied warranties on that hardware. To the extent permitted by law, any implied warranty on a VAVE System — including any implied warranty of merchantability or of fitness for a particular purpose — is limited in duration to the applicable Limited Warranty period for the component concerned (Section 10), and no other limitation on implied warranties applies to it. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion of incidental or consequential damages, so those limitations may not apply to you. Nothing in this Section excludes, restricts, or modifies any guarantee, right, or remedy that applicable law gives you and that cannot lawfully be excluded, restricted, or modified; where a term of this Section conflicts with such a right, that right prevails and the rest of this Section continues to apply. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

31. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR ANY VAVE SYSTEM, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER BASED ON TORT, CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTHING IN THIS SECTION LIMITS THE WAIVER AND MEDICAL DISCLAIMER YOU SIGN UNDER SECTION 13, WHICH SEPARATELY GOVERNS ASSUMPTION OF RISK FOR PHYSICAL USE OF A VAVE SYSTEM.

TO THE FULLEST EXTENT PROVIDED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO A VAVE SYSTEM OR OTHER PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR IT, AND OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP, THE HUB, OR THE CLOUD SERVICES SHALL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID FOR THE APPLICABLE SUBSCRIPTION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

32. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents, from any claims, liabilities, damages, judgments, losses, costs, or fees (including reasonable attorneys' fees) arising out of or relating to: your violation of these Terms of Use; your use of a VAVE System, the App, the Hub, or the Cloud Services; your failure, as an Owner, Operator or session grantor, to satisfy your responsibilities under Section 5, Section 14 (Private Mode), or Section 15 (Guest Sessions), including the steps you confirm as a session grantor; your User Contributions; or your use of any information obtained from the Services.

33. Governing Law and Jurisdiction

These Terms of Use are governed by the internal laws of the State of Colorado, without regard to conflict-of-law rules.

Subject to the arbitration agreement in Section 34, any suit relating to these Terms of Use or the Services — including any Dispute as to which you have validly opted out of arbitration, any claim excepted from arbitration under Section 34(b), and any Dispute that proceeds in court because the class-action waiver or arbitration agreement is found unenforceable as to it — shall be brought exclusively in the federal or state courts located in the City and County of Denver, Colorado, although we retain the right to bring suit against you for breach of these Terms of Use in your country of residence. You waive objections to jurisdiction and venue in such courts.

34. Arbitration Agreement; Class-Action Waiver; 30-Day Right to Opt Out

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT MOST DISPUTES BETWEEN YOU AND THE COMPANY BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN THIRTY (30) DAYS AS DESCRIBED IN SUBSECTION (e).

(a) Mutual Agreement to Arbitrate. You and the Company each agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Services, a VAVE System, or any Product or Subscription (each, a "Dispute") will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for non-consumer users, its Commercial Arbitration Rules), rather than in court. This agreement to arbitrate is mutual and binds both you and the Company equally. This Section is governed by the Federal Arbitration Act, and Colorado law applies to the substance of any Dispute per Section 33.

(b) Exceptions. Notwithstanding subsection (a): (i) either party may bring an individual claim in small-claims court in the county of your residence (or Denver County, Colorado) if the claim qualifies; (ii) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misuse of intellectual property; and (iii) nothing in this Section prevents you from reporting a concern to, or seeking relief from, any federal, state, or local government agency.

(c) Class-Action Waiver. You and the Company each agree that Disputes will be arbitrated only on an individual basis. Neither you nor the Company may participate in a class action, class-wide arbitration, private attorney general action, or any other consolidated or representative proceeding with respect to a Dispute, and the arbitrator may not consolidate more than one person's claims or preside over any form of representative proceeding. If a court or arbitrator determines that this class-action waiver is unenforceable as to a particular Dispute or claim, then that Dispute or claim — and only it — shall proceed in court under Section 33, and the remainder of this Section remains in effect.

(d) Informal Resolution First. Before starting an arbitration, the party raising a Dispute will send the other a written notice describing the Dispute and the requested resolution (to the Company: support@resonantvibe.com, subject line "Notice of Dispute," with a copy by mail to ResonantVibe LLC, 42 W Byers Pl., Denver, Colorado 80223; to you: your account email and notice address). The parties will attempt in good faith to resolve the Dispute informally for thirty (30) days before either may commence arbitration.

(e) Your 30-Day Right to Opt Out. You may reject this arbitration agreement and class-action waiver, without any penalty or effect on your purchase, pricing, warranty, or use of the Services, by sending written notice within thirty (30) days after you first accept these Terms of Use (or first make a purchase governed by them, whichever is later) to support@resonantvibe.com with the subject line "Arbitration Opt-Out," stating your name, your account email address, and a statement that you opt out of the Section 34 arbitration agreement. If you opt out, Disputes will be resolved in court under Section 33, and neither party may compel the other to arbitrate. Opting out of this Section does not affect any other provision of these Terms of Use.

(f) Procedure; Costs. The arbitration will be conducted in English. For consumer Disputes, arbitration will take place in the county of your residence, by videoconference or telephone, or by written submissions, at your election, and the AAA Consumer Arbitration Rules govern the allocation of filing, administration, and arbitrator fees — where those Rules require, the Company will pay all arbitration fees other than an amount equivalent to the court filing fee you would have paid. The arbitrator has exclusive authority to resolve any Dispute about the interpretation, applicability, or enforceability of this Section, except that the enforceability of the class-action waiver in subsection (c) is for a court to decide. Judgment on the award may be entered in any court of competent jurisdiction.

(g) Regional Carve-Outs. This Section does not apply to you, and does not limit your rights, where the mandatory consumer protection law applicable to you prohibits or limits pre-dispute arbitration agreements. For any user to whom this Section does not apply, Section 33 governs.

(h) Survival; Severability. This Section survives termination of these Terms of Use and your relationship with the Company. Except as stated in subsection (c), if any part of this Section is found unenforceable, it will be severed and the remainder enforced.

35. Limitation on Time to File Claims

ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY MANDATORY LAW APPLICABLE TO YOU.

36. No Waiver of Rights; Severability

No waiver by the Company of any term of these Terms of Use is a continuing waiver of that term or any other term, and our failure to assert a right does not waive it. If a provision is held invalid or unenforceable, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force. (This Section addresses waiver of contract rights generally; it is separate from the General Medical Disclaimer you sign under Section 13.)

37. Entire Agreement

These Terms of Use, our Privacy Policy, our Consumer Health Data Privacy Policy, our Biometric Data Policy, any Terms of Sale, any signed agreement for a professional deployment (Section 17), the General Medical Disclaimer and other consent flows described in Section 13, and any App- or Hub-specific license terms constitute the entire agreement between you and ResonantVibe LLC regarding the Services and supersede all prior agreements and representations regarding the Services.

Order of precedence. These Terms of Use do not supersede, vary, or replace any separately signed written agreement between you (or the entity you act for) and ResonantVibe LLC — including any Commercial Sales Agreement, Equipment License Agreement, Care+ Advance Exchange Agreement, Data Processing Agreement, or other negotiated commercial agreement — and where any such agreement conflicts with these Terms of Use as to its subject matter, that agreement controls. Where these Terms of Use conflict with the Terms of Sale as to a Product purchase, the Terms of Sale control. Research Consent Documents control as stated in Section 16.3.

38. FDA Disclaimer; No Medical Use

The VAVE Systems, App, Hub, and Cloud Services have not been evaluated by the U.S. Food and Drug Administration. They are not intended to diagnose, treat, cure, or prevent any disease, and are not a substitute for professional medical advice, diagnosis, or treatment. See Section 13 for our full General Wellness Disclaimer, Contraindications and Safety information, and required waiver and screening flows, and Section 17 for professional deployments.

39. Your Comments and Concerns

The Services are operated by ResonantVibe LLC, a Colorado company with its principal place of business in Denver, CO. All feedback, comments, and requests for technical support relating to the Website, a VAVE System, the App, the Hub, or the Cloud Services should be directed to: support@resonantvibe.com. Privacy and data-rights requests should be directed to privacy@resonantvibe.com; sales and purchasing inquiries to sales@resonantvibe.com.

ResonantVibe LLC. Terms of Use, v4.34.‍