Terms & Conditions

Service Agreement, Informed Consent, Assumption of Risk and Release of Liability

RedWave Recovery LLC · 799 Concord Avenue, Cambridge, MA 02138

Effective Date: August 2026 · Version 1.0

IMPORTANT — READ BEFORE YOU BOOK OR PAY.

REDWAVE IS NOT A MEDICAL SERVICE. NO PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL IS INVOLVED AT ANY STAGE. NOBODY AT REDWAVE REVIEWS, SCREENS, OR INTERPRETS YOUR RECORDING FOR ANY PURPOSE. THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, A RELEASE OF LIABILITY, AND A BINDING INDIVIDUAL ARBITRATION CLAUSE WITH A CLASS-ACTION AND JURY WAIVER (SECTION 29), SUBJECT TO A 30-DAY RIGHT TO OPT OUT. DO NOT AGREE UNTIL YOU HAVE READ THIS ENTIRE DOCUMENT.

These Terms & Conditions (the "Terms" or "Agreement") govern your purchase and use of the non-clinical brain performance measurement services provided by RedWave Recovery LLC, a Massachusetts limited liability company ("RedWave," "we," "us," or "our"). "You" or "your" means the client agreeing to this Agreement. These Terms apply together with our Privacy Policy, which is incorporated by reference. If there is a conflict between the two regarding the Services, these Terms govern.

1. Eligibility and Acceptance

You must be at least 18 years old and able to form a binding contract. By booking, paying for, or receiving the Services, or by signing or clicking to accept, you agree to these Terms and represent that you are 18 or older and are accepting for yourself and not on behalf of another person. RedWave does not provide the Services to anyone under 18 under any circumstances, including with parental consent. If you do not agree, do not book or use the Services.

2. What the Services Are

RedWave provides non-clinical, non-medical measurement and data-collection services only (the "Services"). A session consists of recording electrical activity at the surface of your scalp using a 19-sensor electroencephalography (EEG) system, together with two short computer-based reaction tasks, and producing a written report of the resulting measurements.

The five measurements reported are: Clarity (P300 latency), Alertness (frontal theta-to-beta ratio), Resilience (occipital alpha amplitude, eyes closed), Responsiveness (Flanker task reaction time and accuracy), and Stability (coherence and symmetry across the sensor array).

The five names above are RedWave’s own plain-language labels. They are not clinical, diagnostic, psychological, or psychometric categories, they are not validated constructs, and they do not correspond to any recognised medical or psychological classification. Each report prints the underlying measurement beside the label.

3. What the Services Are Not

RedWave does not practise medicine. RedWave does not diagnose, treat, cure, mitigate, prevent, screen for, prescribe for, or provide medical advice regarding any disease, disorder, injury, or condition. Nothing RedWave provides is intended to replace evaluation, testing, or treatment by a licensed healthcare provider.

Without limiting the foregoing, RedWave does not and will not provide:

  • Any diagnosis, or any statement that you do or do not have any condition, including but not limited to attention-deficit/hyperactivity disorder, depression, anxiety, autism, epilepsy, concussion or other head injury, dementia or cognitive decline, or any cardiovascular or neurological condition;

  • Any medical clearance, including clearance to return to play, sport, work, school, or driving;

  • Any statement that a measurement is "normal," "abnormal," healthy, unhealthy, concerning, or reassuring;

  • Any brain age score, intelligence estimate, personality profile, aptitude score, or talent assessment;

  • Any treatment plan, therapy, supplement, medication, or lifestyle prescription;

  • Any advice to start, stop, change, or delay any medication, treatment, or care you are receiving;

  • Any prediction of, or claim regarding, any real-world outcome, including academic, athletic, occupational, or financial performance.


4. No Clinician, No Review, No Interpretation

This Section is a material term of this Agreement and you should read it carefully.

No physician, nurse practitioner, psychologist, or other licensed healthcare professional is employed by, contracted to, supervises, or is otherwise involved in the Services at any stage. Sessions are conducted by RedWave operators trained in the operation of the equipment and the session protocol only.

No person at RedWave reviews, examines, screens, or interprets your recording, your data, or your report for the presence, absence, or possibility of any medical condition, abnormality, or finding. No such review occurs before, during, or after your session. No RedWave operator is qualified to identify a clinically significant finding, and none will attempt to.

You therefore expressly acknowledge and agree that RedWave will not detect, will not flag, will not notify you of, and has no duty to detect, flag, or notify you of, any abnormality, incidental finding, or indication of any condition, whether or not such an indication is present in your data and whether or not it would be apparent to a qualified professional. You accept that a condition may be present and go entirely unremarked. If you wish your measurements to be examined by someone qualified to do so, you must take your report to your own physician.

RedWave assumes no responsibility whatsoever for your physical or mental health or wellbeing. You do not rely, and agree not to rely, on RedWave or any RedWave operator for the maintenance of your health, the prevention, alleviation, or cure of any disease, or any health-related decision.

5. Not a Substitute for Medical Care; Emergencies

The Services cannot detect, rule out, evaluate, or monitor any medical condition. If you have a health concern, symptom, or question, consult a licensed physician. If you are experiencing a medical emergency, call 911 immediately. Do not delay seeking, or disregard, professional medical advice because of anything measured, reported, or said by RedWave.

If you have sustained a head injury, or believe you may have, do not use the Services as any part of assessing it. The Services are not a concussion test, head-injury assessment, baseline for injury comparison, or return-to-play tool, and must never be used or presented as one.

6. Equipment and Its Manufacturer

The physiological data underlying your measurements is acquired using a WAVi Scan EEG system and accompanying software manufactured by WAVi Co. WAVi is a trademark of WAVi Co. RedWave is not affiliated with, endorsed by, sponsored by, or acting on behalf of WAVi Co. Any explanation, range, or plain-language description RedWave provides is RedWave’s own and has not been provided, reviewed, or approved by WAVi Co.

The equipment and its algorithms are designed, manufactured, and supported by WAVi Co., and RedWave does not control and is not responsible for their design, performance, or inherent accuracy. RedWave maintains and configures the equipment at its location in accordance with manufacturer guidance and applicable law.

You acknowledge that RedWave uses this equipment for non-medical performance measurement, and that this differs from the manufacturer’s stated intended use. You accept the Services on that basis.

7. Measurements Are Estimates — No Guarantee of Accuracy

You expressly acknowledge and agree that all measurements are estimates and are not exact values, and that RedWave makes no representation or warranty as to their accuracy, precision, reliability, completeness, or reproducibility.

Results may be inaccurate, incomplete, inconsistent, artefact-contaminated, or misleading, and may vary substantially between sessions for reasons unrelated to any change in you, including: sleep, hydration, caffeine, nicotine, alcohol, medication or supplement use; time of day; stress, mood, alertness, or effort; sensor placement and cap fit; hair type, thickness, or product residue; muscle tension, jaw clenching, eye movement, blinking, and swallowing; electrical interference and mains noise; equipment calibration and configuration; software algorithms and their assumptions; ordinary biological variability; and undiagnosed or pre-existing conditions.

A difference between two sessions does not establish that anything about you has changed. Practice effects are known to improve reaction-task performance on repeat attempts independently of any underlying change.

8. Percentiles and the Reference Sample

Where your report expresses a measurement as a percentile, that percentile is calculated solely against RedWave’s own non-clinical reference sample — adults who completed the identical session protocol at RedWave’s location, grouped in age bands.

This is not a clinical normative database. It is not derived from, validated against, or comparable to any clinical, medical, or scientific normative dataset. Every person in it chose to purchase a commercial brain measurement, making the sample self-selected and unrepresentative of the general population. Sample size and age-band composition are printed on each report.

A high or low percentile is not a finding. It is not evidence of ability, health, risk, impairment, or their absence, and must not be treated or presented as such by you or anyone else.

9. Your Representations, Health Disclosures, and Preparation

You agree to follow the preparation instructions provided at booking, including abstaining from caffeine for at least four hours before your session, arriving with clean and dry hair free of styling product, and attending at the same time of day as any prior session where a comparison is intended.

You represent and warrant that you are in a physical and mental condition that permits you to participate safely; that you have no condition, and are taking no medication, that makes sitting still for approximately twenty minutes, wearing a sensor cap, or responding to visual and auditory stimuli inadvisable; and that you have no known allergy or sensitivity to water-soluble conductive gel or the materials of an EEG cap. If you have any doubt, consult your physician before booking. If you have a history of seizures or photosensitivity, you must tell the operator before the session begins.

RedWave does not conduct medical screening, risk stratification, or clearance of any kind. You accept sole responsibility for obtaining medical clearance before participating if any is appropriate, and for determining your own fitness and suitability for the Services. You assume full responsibility for any condition you do not disclose and for any harm arising from a non-disclosure.

You agree to answer intake questions accurately and completely. You acknowledge that RedWave relies on your answers, does not verify them, and that inaccurate or incomplete answers may render your measurements meaningless. Intake information is recorded and printed alongside your measurements as context only, and is not reviewed, assessed, or acted upon clinically.

10. No Reliance

You acknowledge that you are purchasing a measurement, not advice. You have not relied, and will not rely, on RedWave, any RedWave operator, or any statement made on RedWave’s website, in its marketing, or in conversation, in making any decision regarding your health, medical care, medication, training, employment, education, or any other matter. Any decision you make after receiving your report is yours alone, made on your own judgement and, where appropriate, on the advice of a qualified professional of your choosing.

You further acknowledge that no RedWave operator is qualified to answer clinical questions, that operators are instructed to decline them, and that any casual remark by an operator is not advice of any kind and may not be relied upon.

11. Assumption of Risk

The Services are non-invasive. Sensors rest on the surface of your scalp and record only. Nothing is administered, injected, ingested, or transmitted into your body. There is no radiation, no dye, no needle, and no electrical stimulation of any kind.

You nevertheless voluntarily assume all risks associated with the Services, known and unknown, including: skin irritation, redness, or allergic reaction to water-soluble conductive gel or the sensor cap; discomfort or pressure from the cap; discomfort from sitting still for an extended period; fatigue, eye strain, headache, or dizziness during or after the tasks; lightheadedness on standing; and ordinary risks of being present on the premises — including entering, exiting, moving about, waiting areas, restrooms, and equipment areas, whether before, during, or after your session — including slips, trips, and falls, the condition of the premises, the condition or failure of equipment, the conduct of staff or other persons, reliance on your measurements, and the ordinary negligence of the Released Parties as defined in Section 13.

You represent that you have no condition that makes participation inadvisable and that you are participating voluntarily. You may stop the session at any time, for any reason, without explanation.

12. Misuse, Misinterpretation, and Your Own Reaction

You understand and expressly agree that misinterpretation, misuse, over-reliance, or improper application of your measurements may result in serious harm, including injury, illness, worsening of an existing condition, delayed diagnosis, delayed treatment, or death.

Any decision you make regarding your health, medical care, medication, training, sleep, work, study, or lifestyle on the basis of a RedWave measurement is made solely at your own risk. RedWave makes no recommendation regarding any of these matters and has no knowledge of your circumstances.

You further understand that your measurements may be unexpected or unwelcome, that receiving numerical information about your own brain activity may provoke a strong emotional response — including worry, distress, or preoccupation — and that you assume full responsibility for your own reaction to your results. RedWave does not provide counselling, reassurance, or emotional support in connection with your results, and is not qualified to do so. If you believe you may react badly to receiving such information, do not book.

13. Release of Liability

TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW, YOU RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE RedWave Recovery LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS (the "Released Parties") FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, COSTS, AND EXPENSES OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICES, including claims arising from the ordinary negligence of the Released Parties, and including in particular any claim arising from:

  • The accuracy, inaccuracy, or variability of any measurement or report;

  • Any failure to detect, identify, flag, or disclose any condition, abnormality, or incidental finding, as described in Section 4 of this Agreement;

  • Any decision you or any third party makes in reliance on a measurement or report;

  • Any delay in seeking, or failure to seek, medical evaluation or care;

  • Any interpretation, conclusion, or advice offered by any third party based on your data or report.


This release does not apply to gross negligence, wilful misconduct, or fraud, and nothing in it limits any liability that cannot be limited or excluded under applicable law.

14. Third-Party Interpretation

Your report belongs to you and you may share it with anyone, including your physician. RedWave is not responsible for, and expressly disclaims all liability arising from, any interpretation, analysis, conclusion, diagnosis, recommendation, or advice provided by any third party on the basis of your report or data, whether that third party is a licensed professional or not.

You acknowledge that a third party may reach conclusions RedWave does not endorse and would not make, that RedWave has no control over and no relationship with any such party, and that nothing in your report is represented as suitable for clinical use.

15. Premises, Conduct, and Safety

You agree to follow all posted rules and reasonable instructions of RedWave staff while on the premises. RedWave may remove or refuse entry to any person who is abusive, intoxicated, disruptive, or who poses a risk to staff, other clients, or equipment.

You assume all risk of ordinary premises hazards, including slips, trips, falls, and injury arising from your own movement to, within, and from the premises. You are responsible for your own personal property; RedWave is not liable for loss, theft, or damage to items you bring.

You must not tamper with, adjust, move, service, or attempt to operate any equipment. You must promptly tell the operator if you feel unwell, dizzy, faint, or uncomfortable at any point.

16. Emergency Response Acknowledgment

You acknowledge that RedWave is not a medical facility, has no medical personnel, equipment, or capability on site, and is not equipped to provide medical assistance of any kind. In the event of a medical emergency, RedWave staff will call 911 and take no other action.

You authorise RedWave staff to contact emergency services on your behalf if they believe it necessary, and to share your name and any intake information you have provided with responding personnel. You acknowledge that emergency response times vary, that outcomes cannot be guaranteed, and you accept the risks associated with a delayed or unsuccessful emergency response.

17. Your Data, Retention, and Deletion

RedWave retains your recording, measurements, report, and intake information so that any future session can be compared against your earlier ones. RedWave retains this information for three (3) years from your most recent session, after which it is deleted in the ordinary course.

You may request deletion at any time by writing to info@redwavebrain.com. RedWave will delete the information it holds within thirty (30) days, except where retention is required by law or is reasonably necessary to resolve a dispute or enforce this Agreement.

Deletion applies only to the copies RedWave holds. RedWave cannot retrieve, recall, or delete any copy of a report or data file that has already been provided to you or shared by you with any third party. Deletion is irreversible and will end the possibility of comparing any future session to your history.

RedWave does not sell your data and does not share it with advertisers, insurers, employers, or data brokers.

18. HIPAA Does Not Apply

RedWave is not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) and does not provide or bill for healthcare services. HIPAA does not apply to the information RedWave holds about you, and records held by RedWave are not medical records. Your information is handled in accordance with our Privacy Policy and applicable Massachusetts and federal law, including M.G.L. c. 93H and 201 CMR 17.00.

19. Fees, Packages, Cancellation, and Refunds

Current prices are: $300 for a Baseline session; $550 for a Baseline plus a re-scan at approximately 30 days; and $225 for a Returning session for clients who have completed at least two prior sessions. Prices are quoted at booking and are payable in advance or at the time of service. RedWave does not offer memberships or subscriptions and does not bill insurance.

These Services are unlikely to qualify as medical expenses and may not be eligible for payment or reimbursement through a health savings account, flexible spending account, or any insurance plan. Confirm eligibility with your plan administrator before assuming otherwise. RedWave makes no representation on this point.

Package terms. The $550 Baseline plus re-scan package includes two sessions. The second session must be completed within one hundred and eighty (180) days of the first, after which the unused session expires and is forfeited with no refund, credit, or extension, except where RedWave was unable to offer a reasonable appointment within that period. Packages are non-transferable, have no cash value, and are not redeemable for any other service. If you cancel a package after the first session has been delivered, the amount refunded is the package price less the standard Baseline price of $300.

Late arrival. Arriving more than fifteen (15) minutes late may require rescheduling and may be treated as a late cancellation, because a shortened session cannot produce a comparable recording.

You may cancel or reschedule without charge by giving at least twenty-four (24) hours’ notice. Cancellations with less notice, and no-shows, may be charged in full at RedWave’s discretion. If a recording proves unusable for technical reasons, you may choose either a repeat session at no charge or a full refund.

20. Communications Consent

By providing your telephone number or email address, you consent to receive service-related communications from RedWave, including booking confirmations, reminders, preparation instructions, and follow-up regarding your session, by email, telephone, and SMS text message, including through automated systems.

Consent to marketing messages is not a condition of purchase. You may opt out of marketing communications at any time by replying STOP to any text message, using the unsubscribe link in any email, or writing to info@redwavebrain.com. You may not opt out of essential transactional messages while you have an active booking. Message and data rates may apply.

21. Photography, Recording, and Marketing

RedWave does not record audio or video of your session. RedWave will not photograph or film you, or use your name, image, likeness, or any measurement attributable to you in any marketing or public material, without your separate prior written consent, which you may withhold or later withdraw.

22. Intellectual Property

RedWave retains all right, title, and interest in its name, marks, logos, report format and design, measurement labels, session protocol, explanatory materials, website, and all associated intellectual property (the "RedWave Materials"). Your measurements and your individual report are yours to keep, use, and share for your own personal purposes.

You may not reproduce, distribute, publish, or commercially exploit the RedWave Materials, and you may not use RedWave’s name, marks, or report format in any commercial, promotional, clinical, research, or public-facing context without our prior written consent. You may not present your report, or any part of it, as a clinical, diagnostic, or professional assessment, or in any manner that implies RedWave endorses a conclusion it has not made.

23. Refusal, Suspension, and Termination

RedWave may refuse, pause, reschedule, or terminate any session or your access to the Services at any time, at its sole discretion, for safety, operational, eligibility, non-payment, suspected fraud, unlawful use, abusive conduct, or other lawful reasons, without liability. Where RedWave terminates without cause, you will receive a pro-rata refund of amounts paid for services not rendered.

RedWave will decline to provide the Services where it appears you are seeking an explanation of symptoms, a diagnosis, a clearance, or an assessment of a suspected condition, and will say so before you pay.

24. Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to: your breach of this Agreement; your misuse of, or misrepresentation regarding, any measurement or report; your provision of inaccurate intake information; or any claim brought by a third party arising from your sharing of your report or data.

25. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO REDWAVE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, WHETHER OR NOT ADVISED OF THE POSSIBILITY.

The Services are provided "as is" and "as available," and RedWave disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Nothing in this Section limits liability that cannot be limited under applicable law, including for gross negligence, wilful misconduct, or fraud. Some jurisdictions do not allow certain limitations, so parts of this Section may not apply to you.

26. Waiver of Subrogation

To the fullest extent permitted by law, you waive, on your own behalf and on behalf of any insurer, health plan, or other party claiming through or on behalf of you, any right of subrogation, contribution, or recovery against the Released Parties arising out of or relating to the Services. You agree to obtain any waiver of subrogation required from your insurer to give effect to this Section.

27. Prompt Notice of Claim; Contractual Limitations Period

You agree to notify RedWave in writing at info@redwavebrain.com of any injury, incident, complaint, or potential claim within thirty (30) days of the event giving rise to it, so that RedWave has a fair opportunity to investigate while evidence and recollection remain available. Failure to give prompt notice may prejudice RedWave’s ability to respond and may be raised as a defence to the extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY MASSACHUSETTS LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, regardless of any longer statutory period, except where a shorter contractual period is prohibited by law for that claim.

28. Force Majeure

RedWave is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, epidemic or pandemic, public-health orders, war, terrorism, civil unrest, government or regulatory action, labour disputes, equipment failure, manufacturer or supplier failure, loss of software or licence access, and utility, internet, network, or power outages. Where a session cannot be delivered for such a reason, RedWave will reschedule it or refund amounts paid for the undelivered session, at your election, and that is your sole remedy.

29. Dispute Resolution; Binding Individual Arbitration; Class and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Informal resolution first. Before commencing arbitration, the party raising a dispute will send the other written notice describing the claim and the relief sought, and the parties will attempt in good faith to resolve it for thirty (30) days. This is in addition to, and does not replace, any statutory demand requirement, including a written demand for relief under the Massachusetts Consumer Protection Act, M.G.L. c. 93A, § 9. Notice to RedWave: RedWave Recovery LLC, 799 Concord Avenue, Cambridge, MA 02138, Attn: Legal, and info@redwavebrain.com.

Agreement to arbitrate. If not resolved within thirty (30) days, you and RedWave agree that any dispute, claim, or controversy arising out of or relating to the Services or this Agreement — whether in contract, tort, statute, or otherwise — will be resolved exclusively by final and binding individual arbitration administered in Boston, Massachusetts under the Consumer Arbitration Rules of the American Arbitration Association. This agreement is governed by the Federal Arbitration Act. If the FAA is held not to apply, the Massachusetts Uniform Arbitration Act, M.G.L. c. 251, governs.

Class and representative action waiver. YOU AND REDWAVE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. YOU AND REDWAVE WAIVE ANY RIGHT TO TRIAL BY JURY. If this waiver is found unenforceable as to any claim, that claim shall proceed in court and all other claims remain in arbitration.

Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

Your right to opt out. You may reject this arbitration agreement by writing to info@redwavebrain.com within thirty (30) days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out will not affect any other part of this Agreement and will not affect your access to the Services.

30. Governing Law and Venue

This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-laws principles. Subject to Section 20, the state and federal courts located in Middlesex County or Suffolk County, Massachusetts have exclusive jurisdiction, and you consent to their personal jurisdiction and venue.

31. Electronic Records and Signatures

You consent to transact electronically with RedWave. An electronic signature, a checked acceptance box, or a click of "I agree" has the same legal effect as a handwritten signature, and electronic records of this Agreement and of your acceptance are admissible and enforceable to the same extent as paper originals. You may request a paper copy of this Agreement at any time at no charge. You may withdraw consent to transact electronically by writing to info@redwavebrain.com, though doing so may prevent online booking.

32. Changes to These Terms

RedWave may amend these Terms from time to time. The version in effect on the date of your session governs that session. Material changes will be posted at redwavebrain.com with a revised effective date. Continuing to book or use the Services after a change constitutes acceptance of the amended Terms.

33. General

Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will continue in full force. No waiver. Failure to enforce any provision is not a waiver of it. Survival. Sections 3, 4, 5, 6, 7, 8, 10, 12, 13, 14, 17, 18, 22, 24, 25, 26, 27, 29, and 30 survive termination. Assignment. You may not assign this Agreement without our written consent; RedWave may assign it. Entire agreement. This Agreement, with the Privacy Policy, is the entire agreement between you and RedWave regarding the Services and supersedes all prior representations, oral or written. Interpretation. Headings are for convenience only; "including" means "including without limitation."

34. Acknowledgment and Acceptance

BY SIGNING BELOW, OR BY CHECKING THE BOX OR CLICKING "I AGREE," AND BY BOOKING OR RECEIVING THE SERVICES, I CONFIRM THAT:

  • I have read, understand, and voluntarily agree to this entire Agreement;

  • I am at least 18 years old and legally competent to consent, and I am accepting for myself;

  • I understand that RedWave is NOT a medical service, provides NO diagnosis, and gives NO medical advice;

  • I understand that NO physician or licensed healthcare professional is involved at any stage;

  • I understand and accept that NOBODY AT REDWAVE REVIEWS OR INTERPRETS MY RECORDING, that no abnormality or finding will be detected or reported to me, and that RedWave has no duty to do so;

  • I understand that percentiles compare me only to RedWave’s own self-selected client sample and are not clinical norms;

  • I understand that misinterpreting or over-relying on my results could cause serious harm, and that I am responsible for my own reaction to them;

  • I accept the assumption of risk and release of liability in Sections 11, 12, and 13, and the binding individual arbitration and class-action waiver in Section 29.