Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and WAVE Dental AI ("WAVE," "we," "us," or "our") governing your access to and use of the WAVE website at wavedental.io (the "Site"), desktop application, and all related services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a dental practice or other organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Services.

2. Description of Services

WAVE provides an AI-powered insurance verification platform for dental practices. The Services include, but are not limited to:

• Automated benefit verification: Accessing insurance carrier APIs, portals, call centers and services, certificates of coverage, and/or any other carrier data collection methodology on your behalf to retrieve patient benefit information, coverage details, deductibles, maximums, frequency limitations, waiting periods, and eligibility status.
• Structured data extraction: Processing carrier documents and portal data using deterministic analysis and artificial intelligence to produce structured, standardized benefit breakdowns.
• Verification report generation: Creating formatted benefit breakdown PDF documents summarizing the verified coverage information for each patient.
• Practice management integration: Writing verified benefit data, uploading verification documents, and updating insurance records in your authorized practice management software through its published API.
• Eligibility verification: Checking and reporting the active/inactive status of patient insurance coverage.
• Multi-carrier support: Performing verification workflows across multiple insurance carriers using a consistent, standardized process via any available Carrier Channel.

3. Eligibility and Account Requirements

• The Services are intended for use by licensed dental practices and their authorized personnel within the United States.
• You must be at least 18 years of age to use the Services.
• You are responsible for maintaining the confidentiality of any credentials, API keys, or authentication tokens associated with your use of the Services.
• You agree to provide accurate, current, and complete information when setting up your account and to update such information as needed.
• You are responsible for all activity that occurs under your account or through your authorized access.

4. Authorized Use and Your Responsibilities

4.1 Carrier Data Access

By providing your credentials, authorization, or account access to WAVE, you authorize us to retrieve insurance benefit information on your behalf through carrier APIs, portals, call centers and services, certificates of coverage, and/or any other carrier data collection methodology ("Carrier Channels"). This includes performing benefit verification, eligibility checks, and related data retrieval tasks. You represent and warrant that:

• You are authorized to access the Carrier Channels for which you provide credentials or authorization.
• Your use of WAVE to access Carrier Channels complies with the carrier's terms of service and acceptable use policies.
• You have obtained any necessary patient consents or authorizations required by applicable law for the retrieval and processing of their insurance information.

4.2 Practice Management Software

By connecting your practice management software to WAVE, you authorize us to read patient demographic and insurance data, write verified benefit information, upload verification documents, and update insurance records through the software's authorized API. You represent that:

• You have the necessary licenses and permissions to access and modify data within your practice management software.
• You understand that WAVE will create, update, and in some cases replace existing insurance benefit records based on verified carrier data.
• You are responsible for reviewing verification results and ensuring their appropriateness for your practice's clinical and billing workflows.

4.3 Data Accuracy

You are responsible for ensuring the accuracy of patient information (names, dates of birth, member IDs, etc.) provided to WAVE for verification purposes. Inaccurate input data may result in incorrect verification results, retrieval of information for the wrong patient, or failed verification attempts.

5. Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation.
• Access Carrier Channels or practice management systems for which you are not authorized.
• Use the Services to verify benefits for individuals who have not authorized such verification.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code, algorithms, or underlying methodologies of the Services.
• Resell, sublicense, lease, or redistribute access to the Services without our prior written consent.
• Interfere with, disrupt, or place an unreasonable burden on the Services or the networks and systems connected to them.
• Use the Services to develop a competing product or service.
• Remove, alter, or obscure any proprietary notices, labels, or markings on the Services.
• Share, transfer, or disclose your account credentials to unauthorized third parties.

6. Service Tiers and Fees

WAVE offers multiple service tiers with varying features and capabilities. The specific features, limitations, and pricing associated with each tier will be communicated to you during onboarding or through the Services. We reserve the right to modify tier structures, features, and pricing at any time with reasonable advance notice to active subscribers.

During the current Early Access period, access to the Services may be provided at no charge or at reduced rates. Early Access pricing and terms are subject to change upon general availability.

7. Intellectual Property

All rights, title, and interest in and to the Services, including but not limited to the software, algorithms, data extraction methodologies, user interface designs, documentation, trademarks, trade names (including "WAVE," "BatchRescue," "BatchSet," and "VoiceLink AI"), and all related intellectual property, are and shall remain the exclusive property of WAVE Dental AI.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes. This license does not convey any ownership rights in the Services or any of our intellectual property.

The verification reports and structured data generated by the Services from your patient and insurance information belong to you. However, the formats, templates, layouts, and methodologies used to generate those reports remain our intellectual property.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WAVE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

Without limiting the foregoing, WAVE does not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free.
• Verification results will be 100% accurate or complete. Insurance benefit information is subject to change by carriers at any time, and portal data may contain errors or omissions beyond our control.
• The Services will be compatible with all Carrier Channels, practice management systems, or software configurations.
• Carrier portals will remain accessible or maintain consistent data formats.

WAVE is a verification assistance tool, not a guarantor of insurance benefits. All verification results should be reviewed by qualified practice personnel before being relied upon for treatment planning, billing, or patient financial discussions. The dental practice retains full responsibility for confirming benefit information with carriers as needed.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

Without limiting the foregoing, WAVE shall not be liable for damages arising from:

• Inaccurate, incomplete, or outdated benefit information retrieved from Carrier Channels.
• Changes to insurance benefits made by carriers after verification was performed.
• Errors in data written to your practice management software, including benefit records, plan information, or verification stamps.
• Carrier Channel outages, changes to carrier interfaces, or access restrictions imposed by carriers.
• Treatment decisions, billing actions, or patient financial arrangements made in reliance on verification results.
• Unauthorized access to your account resulting from your failure to safeguard credentials.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO WAVE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless WAVE and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services in violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right.
• Your provision of inaccurate patient information that results in incorrect verification or wrong-patient data retrieval.
• Your failure to obtain necessary patient consents or authorizations.
• Actions taken by your practice in reliance on verification results without appropriate independent review.

11. Termination

Either party may terminate these Terms at any time for any reason upon written notice to the other party. We may also suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach any provision of these Terms.
• We are required to do so by law or regulation.
• We reasonably believe your use of the Services poses a security risk or may cause harm to other users or third parties.

Upon termination, your right to access and use the Services will cease immediately. We will make reasonable efforts to allow you to retrieve your data prior to termination where feasible. Sections of these Terms that by their nature should survive termination (including Sections 7, 8, 9, 10, and 14) shall survive.

12. Modifications to the Services and Terms

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We may also update these Terms from time to time. Material changes will be communicated through the Site or by email. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of the changes.

13. Third-Party Services and Links

The Services may integrate with or contain links to third-party websites, services, or software (including insurance Carrier Channels, practice management systems, scheduling platforms, and AI processing services). WAVE is not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is governed by their respective terms and policies.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Florida. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

15. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy and any applicable Business Associate Agreement, constitute the entire agreement between you and WAVE regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure: WAVE shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to Carrier Channel outages, internet disruptions, natural disasters, or government actions.

16. Contact Us

If you have questions or concerns about these Terms, please contact us at:

WAVE Dental AI
Email: info@wavedental.io