Terms of Use

1. Purpose and scope of application

These Terms of Use (hereinafter, the “Terms”) govern access to and use of the Wavaily platform (hereinafter, the “Platform”), accessible from www.wavaily.com, as well as the general conditions for contracting the service.

Accessing, registering with or using the Platform implies full and unconditional acceptance of these Terms. If you do not agree with any of them, we kindly ask you to refrain from using the Platform.

2. Description of the service

Wavaily is a software as a service (SaaS) platform that provides clinics and healthcare practices (physiotherapy, podiatry, medicine, aesthetics and other related disciplines) with the following features:

• Schedule and appointment management for one or several professionals.
• An online booking portal accessible to the clinic's patients.
• Sending appointment notifications and reminders by email, SMS and WhatsApp.
• Management of patients, services, resources and the professional team.
• Online payment processing (if the clinic enables it).

Wavaily acts solely as a technological tool. The care relationship between the clinic and its patients is external to Wavaily, which neither intervenes in nor assumes any responsibility for the healthcare services provided.

3. Registration and user account

3.1 Requirements

To use the Platform as a clinic, it is necessary to create a user account by providing truthful, complete and up-to-date information. The user declares that they are over 18 years of age and have sufficient legal capacity to enter into a contract.

3.2 Account security

The user is responsible for maintaining the confidentiality of their access credentials and for all activities carried out under their account. They must immediately notify Wavaily of any unauthorized use of their account at privacidad@wavaily.com.

3.3 Accuracy of the data

The user guarantees the truthfulness and accuracy of the data provided and undertakes to keep it up to date. Wavaily reserves the right to suspend or cancel accounts that contain false or fraudulent information.

4. Conditions of use

4.1 Permitted use

The user undertakes to use the Platform exclusively for its intended purposes: the management of schedules and appointments in the context of the provision of healthcare services (physiotherapy, podiatry, medicine, aesthetics or other related healthcare professions).

4.2 Prohibited use

The following is expressly prohibited:

• Using the Platform for purposes other than the management of clinics or practices of healthcare professions.
• Entering, storing or disseminating unlawful, defamatory or discriminatory content or content that infringes the rights of third parties.
• Attempting to access data of other users or clinics without authorization.
• Reverse-engineering, decompiling or extracting the source code of the Platform.
• Using automated systems (bots, scrapers) to access the Platform without prior written authorization.
• Impersonating third parties or creating fake accounts.

5. Pricing and billing

Wavaily offers a free plan with basic features. Paid plans, where applicable, shall be governed by the specific conditions communicated to the user at the time of contracting.

The prices indicated on the Platform include the applicable VAT, unless expressly stated otherwise. Wavaily reserves the right to modify prices, notifying the user with a minimum of 30 days' prior notice.

6. Processing of patient payments

When a clinic enables online payment for appointments, the payment is processed through Stripe, Inc. Wavaily does not store credit or debit card data. The contractual payment relationship is established between the clinic and the patient; Wavaily acts solely as a technological intermediary.

The clinic is responsible for compliance with the tax regulations applicable to the payments made through the Platform, including the issuance of invoices.

7. Intellectual and industrial property

All intellectual and industrial property rights in the Platform, including without limitation the source code, design, texts, graphics, logos, icons and the “Wavaily” brand, are the exclusive property of Wavaily or its licensors.

The user retains ownership of all data and information they enter into the Platform. The user grants Wavaily a limited, non-exclusive and revocable license to process such data for the sole purpose of providing the contracted service.

8. Service availability

Wavaily will endeavour to keep the Platform available on an uninterrupted basis. However, the user acknowledges that the service may be affected by maintenance work, updates, force majeure or circumstances beyond Wavaily's control.

Wavaily does not guarantee the absolute or uninterrupted availability of the Platform and shall not be liable for damages arising from service interruptions, except in cases of wilful misconduct or gross negligence.

9. Limitation of liability

To the maximum extent permitted by applicable law:

• Wavaily shall not be liable for indirect, incidental, special, consequential or punitive damages arising from the use of the Platform.
• Wavaily's total accumulated liability towards the user for any reason shall not exceed the total amount paid by the user during the 12 months prior to the event giving rise to the liability.
• Wavaily shall not be liable for clinical decisions, diagnoses, treatments or the care relationship between the clinic and its patients.
• Wavaily shall not be liable for the content that clinics enter into the Platform or for the accuracy of the information provided to patients.

10. Data protection

The processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms.

The clinic, as the controller of its patients' data, undertakes to:

• Have a valid legal basis for the processing of its patients' data.
• Inform its patients about the processing of their data through the Platform.
• Handle the exercise of its patients' data protection rights.
• Not enter into the Platform specially protected data beyond what is strictly necessary for appointment management.

11. Cancellation and deletion of data

The user may request cancellation of the service and deletion of their account at any time from the settings panel or by contacting privacidad@wavaily.com.

After cancellation, Wavaily will proceed to delete the user's data within a maximum period of 30 days, except for data that must be retained to comply with legal obligations.

The user is advised to export any information they wish to keep before requesting cancellation.

12. Amendments to the Terms

Wavaily reserves the right to amend these Terms at any time. Amendments will be notified to registered users by email with a minimum of 15 days' prior notice. Continued use of the Platform after notification implies acceptance of the new Terms.

13. Applicable law and jurisdiction

These Terms shall be governed by and interpreted in accordance with Spanish law.

For the resolution of any dispute arising from these Terms, the parties submit to the courts and tribunals of the city of Barcelona (Spain), expressly waiving any other jurisdiction that may correspond to them, except in cases where consumer and user regulations establish a different mandatory jurisdiction.

14. Contact

For any query relating to these Terms, you may contact Wavaily at info@wavaily.com.