Terms of Use
Last updated: August 10, 2025
1. Agreement to Terms
These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Sidewave Digital Inc. ("we," "us," or "our"), concerning your access to and use of the GutWise mobile application (the "App").
By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the App and you must discontinue use immediately.
2. IMPORTANT: No Medical Advice Disclaimer
The GutWise App is intended for informational, educational, and tracking purposes only. It is not a medical device, and it is not intended to provide medical advice, diagnosis, treatment, or prevention for any disease or health condition.
The information provided within the App, including any "Gut Score" or trend analysis, should not be considered a substitute for professional medical advice from a qualified healthcare provider. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
Never disregard professional medical advice or delay in seeking it because of something you have read or tracked on the GutWise App. If you think you may have a medical emergency, call your doctor or emergency services immediately.
3. Use of the App
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this license.
You agree not to use the App for any purpose that is illegal or prohibited by these Terms.
4. User-Generated Content
You are solely responsible for the data and content you enter into the App ("User Content"). You represent and warrant that your User Content does not violate any law or the rights of any third party. As outlined in our Privacy Policy, all User Content is stored locally on your device or in your personal iCloud account, and we have no access to it.
5. Intellectual Property Rights
The App is the property of Sidewave Digital Inc. and is protected by copyright, trademark, and other intellectual property laws. The App, including its source code, design, text, graphics, and all other content, is provided for your personal, non-commercial use only.
6. Termination
These Terms shall remain in full force and effect while you use the App. You may terminate your use of the App at any time by deleting it from your device. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App to any person for any reason or for no reason.
7. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APP'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, OR (3) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY.
8. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE APP.
9. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the App; (2) your breach of these Terms of Use; or (3) your violation of the rights of a third party, including but not limited to intellectual property rights.
10. Governing Law
These Terms and your use of the App are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
11. Changes to These Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms within the App and updating the "Last updated" date. You are advised to review these Terms periodically for any changes. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
12. Contact Us
If you have any questions about these Terms of Use, please contact us:
Sidewave Digital Inc.
Email: gutwise@sidewavedigital.com
Website: www.sidewavedigital.com