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Terms & Conditions

Wesper Terms of Use Agreement

www.wesper.co

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS AND THE RIGHT TO A JURY TRIAL AS DETAILED IN THE DISPUTE RESOLUTION SECTION BELOW. IT REQUIRES YOU AND WESPER, YOUR PROVIDER, AND CERTAIN OTHER WESPER PARTNERS TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ CAREFULLY.

DO NOT USE THESE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.  

Wesper Inc. and/or its subsidiaries or affiliates (collectively, “Wesper,” “we,” “us,” or “our”) owns and operates online products and services. This terms of use agreement (“Terms of Use”) governs your access to and use of our Services (as defined below) and the websites located at www.wesper.co, any other U.S. websites on which we post these Terms of Use, and affiliated Wesper mobile applications on which we post these Terms of Use (collectively, the “Platform”). 

Please review these Terms of Use carefully. By accessing or using the Platform or using our Services, you accept and agree to be bound by these Terms of Use and the privacy policy available at wesper.co/privacy-policy/.  If you do not agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Platform or Services and you must promptly exit the Platform and stop using the Services.

In these Terms of Use, the terms “you” and “your” means you, as the user of the Services, your dependents if any, any other person accessing your User Account (as defined below), and each of your heirs, assigns, and successors. 

These Terms of Use contains the following sections:

1. Description of Services.
2. Eligibility and Platform Requirements.
3. User Account.
4. Payments and Recurring Billing.
5. Cancellations and Refunds.
6. Terms related to Prescribed Products.
7. Terms of Sale.
8. Intellectual Property.
9. Communications.
10. Rules and Prohibitions.
11. Availability of Services and Export Compliance.
12. Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.
13. Modification, Suspension, or Termination of Platform, Services, or User Accounts.
14. Dispute Resolution.
15. Third-Party Services.
16. General Terms.

1. Description of Services.

The services offered through the Platform (collectively, “Services”) may include:

  • Online and technology access to non-professional consultations with sleep experts (such as Ph.D.s), sleep coaches and sleep navigators, who are employed by or otherwise engaged by Wesper;
  • Online and technology access to telehealth services, including medical consultations and medication  and device prescriptions (“Telehealth Services”), with licensed physicians and other qualified health care providers that work with Wesper (“Providers”); 
  • Ability to purchase and access Wesper products, including the FDA-approved Wesper Lab medical device,  Wesper Pulse Oximeter and the Wesper Sleep Improvement Platform, a kit comprising Wesper sensor test patches, a custom sleep plan with a Provider  and/or sleep expert, and two (2)  months of unlimited app access to Wesper sleep personnel, and certain follow-up subscription offerings and other offerings made available by Wesper from time to time through the Platform (collectively, “Products”);
  • Regular and real-time monitoring of care and progress tracking; and
  • Self-guided resources regarding sleep efficiency.

Services available on the Platform may be provided or offered by Wesper or by third-party medical groups. For example, the Platform provides you with access to one or more of the medical groups that employ or contract with Providers and provide Telehealth Services through the Platform (the “Medical Groups”).

The Services may change from time to time, and Wesper may choose to add new Services or suspend or discontinue some or all of the Services, in its sole discretion.

Your Relationship with Us.

Wesper does not provide medical or other professional clinical services, including via the Platform. Wesper operates the technology platform through which you can connect with Providers who render Telehealth Services, including the Medical Groups, and through which you receive other available Services. The Providers matched through the Platform are engaged by the Medical Groups, not by Wesper, and the Medical Groups and their Providers use independent professional judgment in rendering Telehealth Services. Wesper solely provides non-professional sleep wellness coaching as well as administrative, payment, technological and other supportive non-clinical services for the Medical Groups and Providers, but Wesper does not own or have any ownership interest in the Medical Groups and neither the Medical Groups nor Providers own or have any ownership interest in Wesper. The Medical Groups and the Providers, and not Wesper, are responsible for the quality and appropriateness of the clinical treatment and care they render to you on the Platform, and any professional advice received from a Provider on our Platform comes from the Provider alone and not from Wesper. 

You will be matched with available Providers based on the information you submit to the Platform. The Telehealth Services you receive may vary depending on the Provider with whom you interact. Wesper does not participate in the interaction between you and Providers and does not have control over the quality, reliability, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers. You should contact your Provider directly for any questions regarding your care or your medical or other clinical treatment, and you can report a complaint relating to the care provided by a Provider by contacting the professional licensing board in the state where the care was received. Wesper does not recommend or endorse any specific Providers, tests, medications, devices, products, or procedures, and shall not in any way be liable for any Telehealth Services or the treatment or other services or advice provided to you by a Provider. Your reliance on any Provider or information delivered by the Providers via the Platform is solely at your own risk and you assume full responsibility for all risks associated herewith. 

BY ACCEPTING THESE TERMS OF USE, YOU ACKNOWLEDGE AND AGREE THAT WESPER IS NOT A PROFESSIONAL HEALTH CARE PROVIDER AND THAT BY USING THE SERVICES, YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT OR OTHER HEALTH CARE PROVIDER-PATIENT RELATIONSHIP WITH WESPER. BY USING THE SERVICES, YOU MAY, HOWEVER, BE ENTERING INTO A DOCTOR-PATIENT OR OTHER HEALTH CARE PROVIDER-PATIENT RELATIONSHIP WITH THE MEDICAL GROUPS AND/OR ONE OR MORE PROVIDERS. 

Telehealth Services. 

Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician. 

To receive Telehealth Services, you must agree to the applicable Medical Group’s Telehealth Informed Consent, which provides a description of the risks and benefits of telehealth, and constitutes your voluntary authorization to the rendering of Telehealth Services by the Medical Groups and Providers on the Platform. The Telehealth Informed Consent  and the Medical Groups informed consent forms, as applicable, (the “Telehealth Informed Consent”). The applicable Medical Group is solely responsible for ensuring that you have reviewed and signed its Telehealth Informed Consent. If you have any questions regarding the Telehealth Informed Consent, you should discuss them with the Medical Group before you sign it.. You agree that Wesper is a third-party beneficiary of the Telehealth Informed Consent and has the right to enforce it against you.

In addition, you may be required to acknowledge receipt of the applicable  Medical Groups and Providers  Notice of Privacy Practices describing their collection and use of your health information (each a “Notice of Privacy Practices”) before receiving Telehealth Services from such Medical Group or Provider. If you have any questions regarding the applicable Notice of Privacy Practices, you should discuss them with the Medical Group or Provider before you acknowledge and/or sign it. You agree that Wesper is a third-party beneficiary of the applicable Notice of Privacy Practices and has the right to enforce it against you.

Where appropriate, the Medical Groups and/or your Provider(s) may also request your cooperation in obtaining records from your other health care providers to assist in providing the best care for you (this may include signing a release and/or authorization to speak to all other health care providers that you see). They may further request your cooperation in involving your personal representative and other trusted parties as nominated by you in your care, including the sharing of information relating to your health, to the extent permitted by applicable law. In addition, we will ask you to sign an authorization form that will permit us to obtain from the Medical Group  your sleep test reports and related information for use in the development of our Products and Services.

THE SERVICES ARE NOT FOR EMERGENCIES.  IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

Wesper’s Platform, Products, and Services, including the Telehealth Services, are not for medical or other clinical emergencies or urgent situations. You should not disregard or delay seeking medical or other clinical advice based on anything that appears or does not appear on the Platform. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary care physician and other health care professionals. 

Always seek the advice of a physician or other qualified health care provider concerning questions you have regarding a medical or other health condition and before stopping, starting, or modifying any treatment [or medication]. 

Please be aware the Services, including the Telehealth Services, will stop being provided at the termination of your Subscription or Services. You acknowledge and agree that your primary care physician and other treating providers are in a position to provide ongoing care to you upon such termination of Services and that you will contact your provider(s) to receive care, as needed, following such termination. 

The Services are not an insurance product. The Services are not health insurance or a substitute for health insurance, and the amounts you pay for Services on the Platform are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately. 

Placement of Orders for Products.

You may place an order for Products (an “Order”) via the functionality offered through the Platform. Your Order is subject to and governed by these Terms of Use, including Section 7 (Terms of Sale) below. Your Order is only an offer, and is subject to our acceptance of it (“Acceptance“). Acceptance only occurs at such time that both of the following have occurred:

(a) provided you with an Order confirmation number; and

(b) received full payment (as confirmed by us or our payment service provider) of the purchase price of your Order through settlement of funds via your provided credit card or other payment method.

We may, without liability, reject your Order at any time and for any reason prior to Acceptance (for example, if we are unable to process or fulfill the Order due to unavailability of a Product or, to the extent that a prescription is required fora Product, if a valid prescription is not obtained or if your Provider otherwise deems, in his or her independent medical judgment, that the Product is not appropriate for you, or otherwise in accordance with [Section 6] of these Terms of Use), and in such cases we will cancel your payment, or, if your payment has already been received we will issue you a refund or credit for the paid amount. FOLLOWING ACCEPTANCE, AN ORDER IS FINAL, NON-CANCELABLE AND NON-REFUNDABLE.

Prior to Acceptance, an automatic e-mail acknowledgement of your Order may be generated (but such acknowledgement does not constitute Acceptance or confirmation of your Order).

Notwithstanding the above, if you and Wesper (or a Wesper subsidiary or affiliate) execute an online order form, sales document, or similar ordering document for the purchase of the Product (an “Order Form”), such Order Form shall be treated as an Order for the purposes of this Agreement. Such an Order Form will not be subject to any Acceptance, and will deemed effective upon execution

Other Platform Content. Outside of health care advice you receive directly from a Provider, the content of the Platform provided as part of the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute medical or other professional clinical advice, diagnosis, treatment, or recommendations of any kind by Wesper. All information provided by Wesper, or in connection with any communications supported by Wesper (including non-professional sleep coaching services, and articles and blog posts published on Wesper’s website and other general health care-related information and self-guided resources), is intended to be for general information purposes only, and is in no way intended to create a health care provider-patient relationship. 

2. Eligibility and Platform Requirements.

No Users Under 18 Years Old.  Only users twenty-one (21) years of age or older and who have accepted these Terms of Use may access the Platform or Services. By visiting, accessing, registering with or using the Platform, or by purchasing or using any Services through the Platform, you represent and warrant to Wesper that you are a natural person and of 21 years of age or older. If you are under the age of 21, please do not attempt to access the Platform, register for our Services, or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 21, subject to applicable laws, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 21, please contact us at support@wesper.co.

Necessary Equipment and Software.  You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Services, including any Products purchased through the Platform. Wesper does not guarantee that the Platform or any portions thereof will function on or in connection with any particular mobile device, software, operating system, carrier, or network. Wesper will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system. All rate and data fees of your device’s carrier apply to your use of the Platform and Services and Wesper is in no way responsible for your carrier rates and data fees, where applicable.

3. User Account.

Registration. To access certain Services, you must first create a personal user account with Wesper on the Platform mobile application(“User Account”). You may be required to satisfy certain conditions precedent imposed by Wesper (including, for example, providing additional information to Wesper, and entering into additional agreements with Wesper and/or its third-party affiliates). You may only have one (1) User Account. A User Account is not transferable between individuals.

User Account Activity and Responsibility. You agree that all information you submit to create your User Account, including but not limited to your name, date of birth, address, phone number, and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account. You will be required to select a password to access your User Account. Your User Account is personal to you, and you are solely responsible for maintaining the confidentiality of the credentials to access your User Account, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account, including keeping your login credentials secret to only yourself. Please contact support@wesper.co immediately if you suspect that another individual or third party has gained access to your User Account.

Refusal of Services on Fraud. Wesper may, but does not assume the obligation, to request further information from you to provide the Services. If you do not timely provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the Services until you provide the information to us as requested. Without limitation, Wesper may refuse to provide its Services to you, cancel your Subscription or deactivate your User Account for any reason in Wesper’s sole discretion, including where we suspect fraud or illegal activity. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription.

Account Deactivation. You may deactivate your User Account by contacting support@wesper.co. Without limiting the survival of certain provisions in these Terms of Use, the Terms of Use shall continue to apply to our relationship with you unless you deactivate your User Account in accordance with these Terms of Use. For clarity, canceling a Subscription will not operate to deactivate your User Account or the Terms of Use governing your User Account.

4. Pricing, Payments and Recurring Billing.

Pricing.  The fees and other charges you pay for the Products and/or non-Subscription Services (“Product Fees”) are the price(s) displayed on the Platform, including on the checkout page when you place an Order for Products (or in the case of an Order Form, the price(s) specified in the Order Form), and no other prices are applicable.  Notwithstanding the preceding sentence, while we try and ensure that all prices made available through the Platform are accurate, errors may occur (including, but not limited to, mispricing in our catalog). If we discover an error in the price of Products and/or Services you have placed an Order for, we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled. If we cancel the Order in such cases, and you have already paid for the Product or Service, you will receive a refund or credit in the amount of the price you paid. Except as expressly stated otherwise in these Terms of Use, fees payable for Products and Services are non-refundable, non-cancellable, and without right of setoff. Wesper shall be entitled to issue invoices (and any associated reporting) and billing notices via email to you and/or via a functionality of the Platform.

Your Payment Information. Wesper will charge any fees associated with your User Account and, to the extent applicable, those fees not covered by your insurance to your credit card or debit card on file with Wesper, as identified in your User Account, in accordance with these Terms of Use. Receipts for payments will be emailed to you and can be accessed through your User Account. You represent and warrant that (i) the credit card or debit card information you provide to Wesper is true, correct and complete, and (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card. You will promptly notify Wesper if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent). By providing us updated payment information, you authorize us to continue to charge your card using the updated information so that you can continue to receive your Subscription or other Services. 

Subscriptions and Recurring Payments. 

Some Products and/or Services are paid for through subscriptions. If you purchase a subscription to Products or Services (“Subscription”), with the exception of any free trial periods, Wesper will charge you a Subscription fee at the rate presented to you through the Platform (“Subscription Fee”). The Subscription gives you access to the Services for the period selected on the Platform (“Subscription Period”). Unless otherwise stated when you sign up for a Subscription, your selected Services will automatically renew for a further Subscription Period with the Subscription Fee (including any applicable taxes) and will continue to do so unless we are either no longer offering that Service, in which case we will notify you, or your Subscription has been canceled in accordance with these Terms of Use. 

The billing period for your Subscription Fee begins from the time of registration (i.e., when you register, enter your payment method and pay the initial Subscription Fee), and again at the start of each subsequent Subscription Period. By signing up for a Subscription, you agree to pay your Subscription Fee in full each Subscription Period and authorize your payment method on file to be billed automatically each Subscription Period by Wesper’s third-party payment processor for the entire length of your Subscription, regardless of whether or not you have used the Services during the Subscription Period, until your Subscription ends or is canceled. If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your Subscription. You will be responsible for paying all past due amounts. You acknowledge that billing may not occur on the exact same date of each month.

Fees for Telehealth Services.

If you receive Telehealth Services through the Platform, and you have health insurance coverage, the Medical Group and Providers will be bill your insurance plan for such Telehealth Services. You will remain responsible for all cost shares, co-pays co-insurance and deductibles, as well as for any Telehealth Services that are not covered by your health insurance.

If you receive Telehealth Services through the Platform, and you do not have health insurance coverage, Wesper will be bill you such Telehealth Services.

Other Fees. 

You agree to pay all other fees and charges associated with your User Account that are not covered by your health insurance or not included in the Subscription Fee, including, for example, appointment no-show fees, cancellation fees or late rescheduling fees, cost shares, co-pays, co-insurance and deductibles (collectively, “Other Fees”), on a timely basis and according to the terms and the rates presented to you. By using the Services and incurring such Other Fees, you authorize us to bill and charge your payment method on file for such Other Fees in full. For those Other Fees not covered by your health insurance, please see the “Insurance” section below. 

Specifically, you will be responsible to pay a late cancel fee for any missed or cancelled appointments not made at least 24 hours in advance prior to the scheduled appointment time in the amount of $50.00per cancelled appointment.

If you default on your account, you will be subject to finance and/or legal fees in addition to the total account balance.

Trials and Promotional Fees. 

Wesper may periodically offer discounts to its Services (other than Telehealth Services) in the form of free trial periods or promotional fees. The terms of those discounts will be stated at the time you sign up or when you purchase a specific Service or product. If your Subscription includes a free trial, you will not be charged the applicable Subscription Fee during your free trial. To obtain the free trial, you will be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your Subscription will automatically convert into a paid Subscription and your payment method will be charged the applicable Subscription Fee unless you have canceled your Subscription. If your Subscription includes a promotional fee, you will be charged the promotional fee for the relevant number of billing periods and upon completion of that period, your Subscription will continue to automatically renew at the full, non-promotional rate. You may cancel your Subscription during your free trial or promotional period to avoid being charged the full applicable Subscription Fee in accordance with Section 5 (Cancellations and Refunds).

You may only be permitted to use one free trial or promotional fee offer. If your Subscription is ever canceled or terminated for any reason, and you purchase an additional Subscription, you may not be eligible for a free trial or to take advantage of another promotional fee offer.

Insurance. 

If you have health insurance, your insurance plan may cover all or a portion of your use of our Services, including costs associated with the Telehealth Services and/or Products prescribed by your Provider(s). If you provide information about your health insurance to us, that will be deemed your authorization for  the Medical Groups and/or one of their affiliates or partners to submit claims and bill for Services on your behalf and share necessary information with the insurance plan to process payments and reimbursements. Wesper does not participate in any health insurance plan , including Medicare and Medicaid, and we do not accept any health insurance. However, he Medical Groups may participate in certain health plans and accept your insurance coverage for the cost of the Telehealth Services.

The Subscription Fee does not include the cost of any co-pays for visits with Providers, co-pays for prescribed Products, or co-insurance or deductibles or other cost shares, which will vary depending on your insurance plan and may be billed separately by the Medical Groups or Providers. You are also responsible for any Other Fees incurred that are not charged on a Subscription model (e.g., appointment no-show fees). The Subscription Fee, if applicable, and any co-pays, co-insurance, deductibles or Other Fees are your responsibility, not that of your insurance plan, even if  the Medical Groups and/or Providers are  considered in-network. 

Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including if your insurance has any deductible, co-payment, co-insurance, other cost shares, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services you receive, and how your benefits will apply to your payments. If you purchase Telehealth Services with your insurance plan, you authorize the Medical Groups or Providers, to charge your payment method on file for the Subscription Fee, if applicable, and any fees not covered by your insurance, such as co-pays, co-insurance, deductibles, and Other Fees. If all or any portion of the Services are not covered or paid by your insurance plan for any reason or you do not have health insurance, you understand that you will be ultimately responsible for all fees and costs arising out of your use of the Services and agree to pay the full amount of all Subscription Fees and Other Fees associated with your User Account. Questions about coverage, reimbursement and non-payment for Services should be directed to your insurance plan. You agree to inform Wesper, your Medical Group and Provider immediately if you lose your health insurance and/or can no longer pay for Services.

Changes to Product Fees, Subscription Fees, Other Fees or Subscription Features. All fees published on the Platform are set by Wesper in its sole discretion and we may change our fees from time to time. Wesper will send notice of upcoming automatic renewal prior to renewing your Subscription as required by law. We may change the Product Fees, Subscription terms, Subscription Fees or Other Fees at any time on a going forward basis in our discretion. If the pricing for your Subscription increases, we will notify you, and provide you an opportunity to change or cancel your Subscription before applying those changes to your User Account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a Subscription. Your continued enrollment in your Subscription after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue your Subscription at the revised rates and/or terms, you must let Wesper know prior to the end of your then current Subscription Period in accordance with Section 5 (Cancellations and Refunds) (so that at the end of that Subscription Period, your Subscription will end), otherwise the revised rate and/or terms will apply on and from the next Subscription Period.

Third-Party Payment Processor. All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party payment processor(s). Wesper itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Wesper may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your User Account or Services.

Waiver of Claims and Unauthorized Payments.  You agree to waive all claims against Wesper and its third-party affiliates, including Wesper’s third-party payment processor(s), related to any unauthorized payments made on or through the use of your User Account outside of Wesper’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Wesper so that Wesper can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Wesper will assist in correcting the alleged unauthorized payment, provided that such claim is received by Wesper within thirty (30) days of the disputed charge or payment. 

5. Cancellations and Refunds.

Canceling Subscription. 

When you cancel a Subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription Period. Please email support@wesper.co no later than by 9 A.M. US Eastern Time the business day before the Subscription Period end date to cancel your Subscription.  If you do not cancel before this time, Wesper reserves the right to charge you for the next Subscription Period and cancel your Subscription in the following Subscription Period. 

Except as otherwise stated herein or required by applicable law, no refunds will be provided for a partial Subscription Period, but you will continue to have access to the Subscription until the next billing cycle. Notwithstanding any other terms, Wesper reserves the right to cancel your Subscription in its entirety at any time and for any reason, with or without prior notice. In the event that Wesper exercises its right to cancel a Subscription, it will refund the current Subscription Period’s Subscription Fee as required by law.

Once you cancel your Subscription, your access to and use of the Services will continue to the end of your then current Subscription Period and thereafter end, but you will continue to have access to certain information maintained within User Account, such as personal health information. Please note that all Services will end once cancellation takes effect. You should talk to your Provider before discontinuing your program or treatment.

Services that are paid per Service (e.g., single visits with a Provider not part of a Subscription) may be rescheduled but are not cancellable after purchase.

Refunds. All purchases are final and once paid, all fees, including Subscription Fees, are non-refundable regardless of whether Services are utilized, except as prohibited by applicable law. However, you may cancel your Subscription at any time in accordance with Section 5 (Cancellations and Refunds) to stop incurring future Subscription Fees. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

6. Terms relating to Prescribed Products.

Certain Products available through the Platform require a valid prescription by a licensed healthcare professional who is authorized to prescribe the specific Product. You will not be able to obtain a prescription Product unless you provide us with a valid prescription for the Product.

Wesper does not endorse any specific Provider, medication, device, treatment, or therapy. There is no guarantee a prescription will be written by using the Telehealth Services. Providers may also deny care for actual or suspected misuse of the Telehealth Services for prescriptions.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. All prescription Products are provided subject to all warnings, limitations, and restrictions published or provided by the Wesper or any third-party manufacturer. You agree to fully and carefully read all provided product information and labels and to contact your Provider, or another appropriate healthcare provider, if you have any questions regarding the prescription. You acknowledge and understand that your use or misuse of prescribed Products obtained through our Platform or Telehealth Services is not subject to any guarantee and may result in undesirable or unexpected consequences. Wesper does not accept any liability for the consequences arising from the application, use, or misuse of any prescribed Products made available through the Platform or Telehealth Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescribed Products. As stated above, Wesper is not a health care provider. The Medical Groups and the Providers, and not Wesper, are responsible for the quality and appropriateness of the clinical treatment and care they render to you on the Platform, and any professional advice received from a Provider on our Platform comes from the Provider alone and not from Wesper. 

7. Terms of Sale for Products.

After you have placed an Order for Products and the Order has been accepted by Wesper in accordance with Section 1 above, Wesper agrees to ship the Products subject to the Order to the valid street address within the United States. Delivery charges and timeframes vary depending on the type of Product ordered, the service you select, and the delivery address. Further details of our shipping and delivery policies can be found at https://wesper.co/shipping-policy/ (“Shipping and Delivery Policy”). Our Shipping and Delivery Policy is hereby incorporated into, and made a part of, these Terms of Use by reference. In all cases, however, delivery timeframes are just estimates (and should not be relied upon as guaranteed delivery times). Products will be deemed accepted by you upon delivery. All Products will be packed for shipment and shipped in accordance with our standard practices. We shall not be liable for any damages or penalties for delivery delay or for failure to give notice of delay. You will be responsible for ensuring that the Product under your Order complies with applicable import laws and for paying any applicable import duties and taxes, as well as any customs clearance fees that are levied by the importing country at the time the shipment arrives in your country.

During a period of thirty (30)  days commencing as of the date you place your Order (the “Replacement Period”), you shall be entitled to request a replacement Product if your Product arrives defective. During the Replacement Period, we will pay the shipping charges for delivery of replaced Product to you. You acknowledge if you request a replacement of a Product, you are required to return the Product to us in the same condition as when you received it (reasonable wear and tear excepted).

8. Intellectual Property.

Intellectual Property. 

With the exception of your User Materials (as defined below), Wesper, the Medical Groups, and/or Wesper’s licensors, as applicable, retain all right, title, and interest in and to the Platform, the Services and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform, Products, and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of Wesper trademarks, service marks, and logos or those of Wesper’s third-party licensors are strictly prohibited without the prior written permission of Wesper or the licensor, as applicable. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow. 

So long as you comply with these Terms of Use (including timely paying any Product Fees, Subscription Fees and Other Fees associated with your User Account), Wesper grants you a limited, non-exclusive, personal, revocable, non-transferable and non-sub-licensable right and license to access the Platform and use any paid-for Products, as well as any Services for the duration of your Subscription or while your User Account is active, as applicable. All rights not expressly granted to you in these Terms of Use are reserved and retained by Wesper or its licensors, suppliers, publishers, rights holders, or other content providers. Other than User Materials (which you own), neither the Platform and Services, nor any part of the Platform and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wesper. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wesper without express written consent of Wesper. You may not use any meta tags or any other “hidden text” utilizing Wesper’s name or trademarks without the express written consent of Wesper. The content of the Platform, including without limitation, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Wesper. 

User Materials. All names, photographs, information, communications and any other content that you submit to or publish on or through the Platform, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Platform or your User Account, including any medical information you provide via Platform, if any and as applicable, is referred to in these Terms of Use as the “User Materials.” You own and are responsible for all User Materials and grant Wesper and its related third parties involved in providing you the Services a worldwide, transferable, sub-licensable, irrevocable, perpetual license to use the User Materials, to the extent permitted by law, in order to provide the Services or as otherwise permitted in our Privacy Policy . You agree not to provide any User Materials that (a) are false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contain or transmit a virus or any other harmful component. Wesper may, but does not assume the obligation to, monitor and/or delete any User Materials that it deems in its sole discretion to be in violation of the foregoing sentence. You represent and warrant that you have the legal right and authorization to provide all User Materials to Wesper, and if relevant, its related third parties, so Wesper or those entities can provide you with the Services. 

Feedback. Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform or Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Wesper and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your User Account, these Terms of Use, or the Platform or Services.

9. Communications.

Consent to Electronic Communications. By opting in to use Wesper’s Platform and Services, you affirmatively consent to conduct business electronically with Wesper and you agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. 

Consent to Receive Emails, Calls and Text Messages. 

By providing your email address and/or mobile number, sending Wesper an initial text, or otherwise opting-in to receive telephonic communications from Wesper, you are agreeing to be contacted by or on behalf of Wesper at the mobile number and/or email address you have provided, including emails, calls and text messages, regarding your User Account and use of the Platform, Products, and Services. These emails, text messages or calls may be automated and may include information about your treatment plan, appointment reminders, order confirmations, shipping notifications, messages from your Provider, and other transactional messages. You may also sign up to receive promotional and marketing calls and text messages. You are not required to consent to promotional and marketing calls and text messages as a condition of purchase. You may update your notification preferences from Wesper at any time by going through your User Account. By consenting to receive Wesper text messages, you represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for texts.

Wesper does not charge you for our text message program. But if you enroll in text messages from Wesper, you understand and agree that: (1) you will be responsible for any message and data rates that may apply for any messages sent to you from Wesper and to Wesper from you, (2) message frequency may vary, and (3) neither Wesper, nor your or Wesper’s mobile carriers, are liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. 

We may send you one or more welcome text messages or administrative messages, such as (in some cases), a request to confirm your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our Services (e.g. if you communicate with us through SMS, or if you send a HELP request).

Our text messages are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular text message program you join may be limited to specific carriers.

You can opt out of receiving marketing emails from us by clicking the “UNSUBSCRIBE” link at the bottom of emails.

You can opt out of marketing text messages from Wesper at any time by texting the word “STOP” to a text message from Wesper. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from Wesper unless and until you re-consent to receiving text messages again. You also understand and agree that we have provided you with reasonable methods of opting out, and that any other method of opting out, including, but not limited to, texting words other than “STOP” or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. Please be advised that if you opt out of marketing text messages, Wesper may still send you transactional text messages about your User Account or use of the Platform and Services.

You can opt out of transactional text messages by updating your notification preferences in your User Account. You can also opt out of receiving transactional text messages from us by clicking the “UNSUBSCRIBE” link at the bottom of these messages.. Please note that if you withdraw your consent to receive text messages, some Platform features and certain Services may no longer be available to you and you may not receive important and helpful information and reminders about your Services. 

If you have revoked consent and want to re-enroll in receiving transactional text messages, you can re-enroll by updating your notification preferences in your User Account. 

If you are experiencing issues with Wesper’s text messaging program, you can send an email to support@wesper.co.

Sensitive Communications. You understand that while Wesper takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Wesper outside of Wesper’s Platform (including off-Platform communications with Providers) are not encrypted, which means that it is possible they may be intercepted by third parties. Do not send any health or other sensitive information to Wesper, the Medical Groups, your Provider, or any other Third Party by text message or email.  If you choose to send or receive information about your health or any other sensitive information by text message or email outside of Wesper’s Platform, you do so at your own risk. By opting into text messages, you consent to sending text messages to Wesper, and receiving text messages from or on behalf of Wesper, that are not encrypted. Likewise, by emailing Wesper or giving Wesper your email, you consent to receiving unencrypted emails messages from or on behalf of Wesper.

10. Rules and Prohibitions.

You understand that you may lose your right to use the Services and receive treatment if you do not abide by these Terms of Use. 

In addition to other prohibitions in these Terms of Use, the following conduct is prohibited on the Platform and Services:

  • impersonating or misrepresenting your identity or your affiliation with a person or entity;
  • creating more than one User Account, or forging or manipulating headers or identifiers to disguise the origin of any content transmitted through the Platform;
  • allowing any unauthorized person to access your User Account or to receive Services;
  • harassing, threatening, abusing, defaming, demeaning, discriminating against, intimidating or exhibiting other harmful or disrespectful behavior toward Providers or staff of Wesper and relevant third parties providing Services to you, or disrupting the care of other patients, as we determine in our sole discretion;
  • obtaining prescriptions from multiple prescribers without each prescriber’s (including your Provider(s)) knowledge of the other prescriptions (also known as “doctor shopping”); 
  • accessing the Platform or using the Services, devices, or other products available through the Platform and Services, in any unlawful way or for any unlawful purpose (including in violation of United States export laws concerning the transmission of technical data and regulated materials via the Internet);
  • using any software, program, process, device, application or routine (e.g. robots, scripts, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere, tamper, hack, spoof, modify or otherwise corrupt the administration, security or proper functioning of the Platform or any servers which may host the Platform;
  • accessing data not intended for you or logging onto a server or a User Account which you are not authorized to access;
  • posting or transmitting any data, materials, content, or information (including, without limitation, advice, and recommendations) which contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Platform or the Services, personal information, software, equipment, servers, or facilitate or promote hacking or similar conduct;
  • attempting to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Platform; 
  • running any antivirus or antispyware software that is set to override the internet browser’s cookies setting; 
  • in any way infringing, misappropriating or otherwise violating any copyrights, trade secrets, or other rights of Wesper or any third party;
  • incorrectly identifying the sender of any message transmitted to Wesper or altering the attribution or origin of electronic mail, messages, or posting; 
  • violating the privacy rights of any person, including harvesting or collecting personal information or personal health information about any other individual who uses the Platform or the Services;
  • transmitting, or procuring the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • otherwise using the Services in any manner that exceeds the scope of use granted herein; and/or
  • attempting to indirectly undertake any of the foregoing or encouraging or enabling any other individuals to do or attempt any of the foregoing. 

Your User Account may be terminated for any of the above infractions. You agree to defend, indemnify, and hold harmless Wesper and its Related Parties (as defined below) from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Materials you upload to or transmit through the Platform or any breach of the Terms of Use, including this Section 10. Violations of applicable laws and system or network security may result in civil or criminal liability. Wesper may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 

11. Availability of Services and Export Compliance.

Wesper operates subject to state and federal regulations, and not all Products or Services offered through the Platform may be available in your state. You represent that you are not a person barred from enrolling for or receiving the Products or Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform or the Services is limited exclusively to users located in states within the United States where the Services are available as identified on the Platform. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

You further acknowledge that the Products, Services and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that Wesper makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of the Ukraine, Sudan, Iran, North Korea and Syria (“Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department’s Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.trade.gov/consolidated-screening-list; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Services.

12. Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.

Disclaimer of Warranties. 

YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WESPER AND EACH OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS AND THE PROVIDERS, DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE PRODUCTS, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE PLATFORM, THE PRODUCT, OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. WESPER DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.

WESPER DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY SPECIFIC TREATMENT WILL BE PROVIDED TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR PLATFORM OR SERVICES MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE FULLEST EXTENT OF APPLICABLE LAW, WESPER, THE MEDICAL GROUPS, PROVIDERS, AND ANY OF ITS AND THEIR RESPECTIVE AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO MEDICATION, DEVICE, OR PRODUCT.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS OR OTHER USERS OF THE PLATFORM. WESPER SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE WESPER MEDICAL GROUPS  OR THE PROVIDERS.

Limitation of Liability. 

TO THE FULLEST EXTENT PERMITTED BY LAW, WESPER AND ANY OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, AND ANY OF WESPER’S AND SUCH THIRD PARTIES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, CONTRACTORS, OR LICENSEES (COLLECTIVELY, THE “RELATED PARTIES”), ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PRODUCTS, OR SERVICES IS TO STOP USING THE PLATFORM, THOSE PRODUCTS, OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF WESPER, THE THIRD PARTIES OR WESPER’S AND THE THIRD PARTIES’ RELATED PARTIES TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM, PRODUCTS, OR SERVICES IS THE GREATER OF (A) $500 (FIVE HUNDRED DOLLARS) AND (B) THE TOTAL PRODUCT FEES AND/OR SUBSCRIPTION FEES PAID BY YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE GIVING RISE TO LIABILITY. YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES. 

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

WESPER LITE:

  • 1 year warranty
  • 30 days guarantee:
    • in case of a technical issue/failure, we will provide a return label and ship a new unit as soon as we receive back the defective unit
    • in case of a refund request, we will refund the client once we receive the returned unit and a $50 restocking fee may be applied (we can consider it from a case to case). we will not provide a return label.

HST/WESPER LAB

  • 1 year warranty
  • 14 days guarantee:
    • in case of a technical issue/failure, we will provide a return label and ship a new unit as soon as we receive back the defective unit
    • in case of a refund request, APPLIES ONLY FOR UNUSED/UNOPENED UNITS, we will refund the client once we receive the returned unit and a $50 restocking fee may be applied (we can consider it from a case to case). we will not provide a return label.

Release. 

To the maximum extent allowable by applicable laws, you hereby release and hold harmless Wesper, the Medical Groups, and their Related Parties from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Platform, Products, or Services and/or the rights and privileges granted or conveyed by you under these Terms of Use (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing).

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence. 

Indemnification. You agree to indemnify, defend, and hold harmless Wesper, the Third Parties (as defined herein) offering products or services through the Services, including the Medical Groups, the Providers, and its and their Related Parties from and against any claim, actions, proceedings, demands, damages, losses, liabilities, settlements, costs and expenses, including, without limitation, reasonable legal and accounting fees and litigation expenses (“Claims”), resulting or arising from, or alleged to result or arise from, (i) your violation of these Terms of Use or the Privacy Policy, (ii) your use or misuse of the Platform, Services, products or features available through the Platform and Services, or any information posted on the Platform; (iii) your fraud, misrepresentations, violation of law, negligence or willful misconduct; (iv) the content or subject matter of any User Materials or other information you provide to Wesper, the Third Parties or any customer service agent; (v) any text messages or other communications that you initiate to other Users or to third parties through our Services; or (vi) your infringement of third party intellectual property rights or privacy rights.

13. Modification, Suspension, or Termination of Platform, Services, or User Accounts.

Termination or Suspension of Platform, Services, or User Accounts. Wesper has the right to suspend or terminate the function or existence of all or any part of the Platform and/or your User Account at any time, and without notice as it deems advisable, including where you violate these Terms of Use, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, Wesper shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. If Wesper has previously prohibited you from accessing or using the Platform, you are not permitted to access the Platform or its Services.

Survival. The provisions of these Terms of Use which by their nature are intended to survive termination or expiration hereof shall survive, including, without limitation, Section 4 (Payments and Recurring Billing); Section 6 (Terms relating to Prescribed Products); Section 8 (Intellectual Property); Section 9 (Communications); Section 12 (Disclaimer of Warranties; Limitation of Liability; Release; Indemnification); Section 13 (Modification, Suspension, or Termination of Platform, Services, or User Accounts); Section 14 (Dispute Resolution); Section 15 (Third-Party Services); and Section 16 (General Terms).

Changes to the Platform and Services.  All information contained on the Platform, including descriptions, images, references, features, content, specifications, products, and prices of any products or Services offered by Wesper or its related third parties on or through the Platform, are subject to change at any time and without notice to you (but you are at all times entitled to your rights under Section 5 (Cancellations and Refunds) if you are unhappy with such changes). 

14. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We will try to work in good faith to resolve any issue you have with the Platform, Products, and Services if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. If you have a dispute with us, you agree to resolve such dispute on an individual basis in accordance with the provisions set forth below.

Initial Dispute Resolution. Wesper wants to address your concerns without the need for a formal legal dispute. Our customer support department is available to address any concerns you may have regarding the Platform, Products, or Services. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this initial dispute resolution process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the user’s email address on file with Wesper, or (b) disputes@wesper.co [ (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.

Agreement to Arbitrate.

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. 

Except as explicitly set forth in this Section 14, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use are void or voidable; whether a claim is subject to arbitration, any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment); your relationship with Wesper and/or the Medical Groups; any disputes with Providers and/or relating to the Platform, Products, or Services; your User Materials; the threatened or actual suspension, deactivation, or termination of your User Account; payments made by you or any payments made or allegedly owed to you; any promotions, benefits, or other offers; and any other federal and state statutory and common law claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited. This agreement to arbitrate (“Arbitration Terms”) also applies to claims between you and the Medical Groups and any Providers, and such parties will be considered intended third-party beneficiaries of these Arbitration Terms. As used in these Arbitration Terms, the “Arbitral Parties” shall refer to Wesper, the Medical Groups, and any Providers.

Unless you, Wesper and the applicable Arbitral Parties otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.

The arbitration will be administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”), excluding any rules or procedures governing or permitting class or representative actions and except that each party will be permitted at least one deposition unless forbidden by JAMS. If for any reason JAMS is unable to administer arbitration, either party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. section 5. The JAMS Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms of Use, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Wesper to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Wesper will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you to recover attorney’s fees in certain cases. The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of these Arbitration Terms while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.

The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of these Arbitration Terms. It is your, Wesper’s, and the Arbitral Parties’ intent that the FAA and JAMS Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under these Arbitration Terms or the enforcement thereof, then that issue will be resolved under the laws of the State of New York. These Arbitration Terms governs to the extent it conflicts with the JAMS Rules or FAA.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

Unless you, Wesper and the applicable Arbitral Parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you, Wesper and any applicable Arbitral Parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.

Class Action Waiver.  YOU, WESPER, AND THE ARBITRAL PARTIES MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION. This will prohibit you from bringing any class, collective, or consolidated action against Wesper or any of the Arbitral Parties, and will also prohibit you from participating in or recovering relief under any current or future such actions brought against Wesper or any of the Arbitral Parties by someone else.

Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

30-Day Right to Opt Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: arbitrationopt-out@wesper.co. The notice must be sent within 30 days of your first use of the Platform, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. Your notice must include your name and address, the email address you used to set up your Wesper User Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt-out of these arbitration provisions, Wesper also will not be bound by them, but all other parts of these Terms of Use will continue to apply to you.

Changes to this Section.  Wesper will provide 30 days’ notice of any changes affecting the substance of this Section 14. Changes will become effective on the 30th day. If you continue to use the Platform or its Services after the 30th day, you agree that any unfiled claims of which Wesper does not have actual notice are subject to the revised clause.

15. Third-Party Services.

Third Parties

Parties other than Wesper, including but not limited to the Medical Groups and Providers, and payment processors, provide services or sell products through the Services (collectively, “Third Parties”), and Wesper may also make available to you certain services, products, content or resources provided, manufactured, distributed or sold by Third Parties (“Third-Party Goods and Services”), including links to and advertisements related to Third-Party Goods and Services. Your use of any Third-Party Goods and Services and any interactions with Third Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third Parties. Any use of third-party software explicitly integrated in connection with the Services, or any Third-Party Goods and Services, will be governed by the applicable Third Party’s license or terms of use, if any, including under the Annex to these Terms of Use, and if there is no such license or terms of use, by these Terms of Use. In addition to these Terms of Use, your use of the Platform and Services must comply with all applicable third-party terms of agreement, if any. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third Parties or any Third-Party Goods and Services. 

You agree that Wesper shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third-Party Goods and Services or your interactions with any Third Parties. In the event of any dispute between you and any Third Party, any other user or any other entity or individual, you understand and agree that Wesper is under no obligation to become involved in such dispute, and you hereby release and indemnify Wesper and its Related Parties (as defined below), from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

App Store.

You acknowledge and agree that the availability of the Wesper mobile application (“Application”) and the Services made available through the mobile application are dependent on the third party from whom you received the App license, i.e., the Apple App Store (the “iTunes Store”).  Currently, the Application is only available through the iTunes Store. In order to use the Application, you must have access to a wireless network, own or control a mobile phone that is an iPhone model 7 or later, with iOS versions 15 or later, and you agree to pay all fees associated with such access and use of the wireless network and/or device.  You also agree to pay all fees (if any) charged by the iTunes Store in connection with the Platform, Products, or Services.  You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable iTunes Store when using the Platform, Products, or Services, including the Application.

Further, the following applies to any Application accessed through or downloaded from the iTunes Store:

i. You acknowledge and agree that (a) the Terms of Use is concluded between you and Wesper only, and not Apple, and (b) Wesper, not Apple, is solely responsible for Application and content thereof.  Your use of the Application must comply with the App Store Terms of Service.

ii. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

iii. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.  As between Wesper and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Wesper.

iv. You and Wesper acknowledge that, as between Wesper and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

v. You and Wesper acknowledge that, in the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, as between Wesper and Apple, Wesper, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.

vi. You and Wesper acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the Application against you as a third-party beneficiary thereof.

vii. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the Application.

16. General Terms.

Governing Law.  These Terms of Use shall be governed in all respects by the internal substantive laws of the State of New York, without regard to its conflict of laws principles. Except for claims that must be arbitrated pursuant to the Arbitration Terms, any claim or dispute arising in connection with the Platform, Products, or Services shall be decided exclusively by a court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any and all jurisdictional and venue defenses or objections otherwise available.

Force Majeure. You understand and acknowledge that the Platform may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Wesper’s control, and thus Wesper will not be responsible for any delays, failures, or damages associated with the Platform which result from any system delays, downtimes, interruptions or other failures of or problems with the Platform which are outside of Wesper’s control. We will not be deemed to be in breach of or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, epidemic, pandemic, acts of governmental authorities and changes in federal, state or local laws and regulations applicable to the provision of Services, including Telehealth Services, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

Amendments to Terms of Use. Except as provided in the Dispute Resolution provision in Section 14, Wesper may revise these Terms of Use from time to time without notice to you. If we determine a revision to the Terms of Use, in our sole discretion, is material, we will notify you as required by law. These changes will be posted on this or a similar page of the Platform. By continuing to access or use our Platform or Services after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read these Terms of Use periodically.

Severability and Entire Agreement. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Wesper and you pertaining to the subject matter hereof.

No Waiver.  No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Wesper’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

Assignment. You may not assign, transfer, or delegate the Terms of Use or any part thereof without Wesper’s prior written consent. Wesper may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of your and Wesper’s heirs, successors, and permitted assignees.

No Third Party Rights. By accepting these Terms of Use, you acknowledge and agree that any Services you receive from the Medical Groups, or the Providers, through the Platform are also subject to these Terms of Use, and that the Medical Groups and the Providers, are third-party beneficiaries of these Terms of Use. Otherwise, unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, and, except as specifically set forth in these Terms of Use, no third party shall have any right to enforce any right or enjoy any benefit that is created or established under these Terms of Use. 

Contact Us.

Please direct any questions you may have about the Platform, Products, Services or these Terms of Use to support@wesper.co.

The foregoing contact information may change from time-to-time by supplementation, amendment or modification of these Terms of Use.

The Wesper app works on models iPhone 7 and up, and iOS versions 15 and up.

Report processing typically takes 20-30 minutes, but can take up to a few hours in some rare situations. First, confirm that the app indicates the session is done, or that the app is back in the home screen. Once you’ve confirmed that, allow for a few hours of wait time. Make sure to check both your phone notifications (if you’ve enabled them for the Wesper app) and your email for any messages from Wesper. You can also check for any new reports in the Reports page of your app. If the report is still missing, please contact Wesper Support at support@wesper.co.

First, find a well-lit area and confirm the LED is not illuminating. Sometimes the LED can be difficult to see through the fabric. If you’ve confirmed that, it’s likely your patch’s battery is depleted. Place it on the charger, confirm the blue charging LED at the corner of the patch is illuminated, and allow for a 3-hour charge cycle.

Make sure you’re pressing the button for at least 3 seconds. If you’ve done that, and the LED is still red, your patch is malfunctioning. Please contact Wesper Support at support@wesper.co

You can try the following things to try to resolve the issue:
1. Make sure Bluetooth is enabled on your phone
2. When pressing the patch buton, make sure you’ve held it down for at least 3 seconds
3. Restart the app and try again

There are a few things you can try to resolve the issue:
1. Bring the patches close to the phone.
2. Place the patches on the charger, and briefly press the button on each patch.
3. Force quit and restart the app

If while attempting the above you see that one of the patches’ LED is blinking green, allow a few minutes to see if the progress bar moves beyond 50%. If the app is still stuck, contact Wesper Support at support@wesper.co.

No, if the app has not notified you of a low-battery, the patches will work continuously for at least 12 hours.

Check that the charger is plugged into the wall and not into another electronic device such as a laptop. If the charger is connected to the wall, and the patches have been on the charger for at least 3 hours with the LED illuminated, they are fully charged.

Gently move the patch around a bit to ensure it’s well-seated in the charger bays. If that doesn’t resolve the issue, remove any adhesive strips still on the patch, and make sure there’s no debris or anything else under the patch while it’s on the charger.

Check that the charger is plugged into the wall and not into another electronic device such as a laptop. If you have the charger plugged into a wall outlet, try moving the patch around a bit, to be sure it’s well-seated in the charger.

When placed on the charger, the patches will illuminate a blue LED, situated at the corner of the patch. The patches typically are fully charged within 3 hours, so if they’ve been on the charger for that period of time with the LED illuminated, they are fully charged. In addition, the app has a built-in low-battery detector which will prevent you from testing if either patch isn’t charged enough for an overnight session.

Yes, the patches can maintain a connection with the app while on the charger, for example, while recovering the night’s recordings.

This can mean one of the following two, depending on your current session state:
1. If you’re in the process of setting up a new session, it means the patch is connected to the app, and is waiting for the session to start, after which the LED will shut off.
2. If you’re in the process of finishing a session, it means the app is currently recovering any remainder of the recording not read during the night, after which the LED will shut off.

If you see blinking green light outside of those two instances, it may be due to a malfunction. Please contact Wesper Support at support@wesper.co.

It means that the patch is searching for a connection. Once you’ve begun setting up for a session in the app, it will establish a connection, and it will switch to blinking green. If the patch is blinking blue during the session, that may be due to a malfunction. Please contact Wesper Support at support@wesper.co.

If the button-press is short (under 3 seconds), then the patch is working as expected. If the button-press is long (over 3 seconds), for example when connecting the patch to the app at the start of a session, and the LED remains red, the patch is malfunctioning. Please contact Wesper Support at support@wesper.co.

Typically, there are two reasons for why this may be happening:
1. There were no upright positions – Wesper requires 30 seconds of upright time to calibrate its position calculation algorithm. This can be accomplished by standing or sitting for 30 seconds before or after your session.
2. There might have been patch positioning issues – for your next session, try to keep the stomach patch as close to the center of your stomach as you can, as this helps Wesper calibrate its position algorithm.

There may be other factors which can confound the position algorithm, such as: a non-traditional sleeping posture, such as semi-reclined, or performing physical activity while wearing the patches.

Sleep Efficiency is calculated using Total Sleep Time (adding up all the periods of sleep throughout your session) then dividing that time by the length of the whole session to produce a percentage.1. There were no upright positions – Wesper requires 30 seconds of upright time to calibrate its position calculation algorithm. This can be accomplished by standing or sitting for 30 seconds before or after your session.
2. There might have been patch positioning issues – for your next session, try to keep the stomach patch as close to the center of your stomach as you can, as this helps Wesper calibrate its position algorithm.

There may be other factors which can confound the position algorithm, such as: a non-traditional sleeping posture, such as semi-reclined, or performing physical activity while wearing the patches.

Wesper Light’s algorithms use breathing, heart rate and motion patterns to detect if you’re asleep. Total Sleep Time is a sum of all of the times throughout your session when you were asleep.

No, Wesper Light’s algorithms use breathing, heart rate, and motion patterns to detect your sleep state. During the night, you may experience short sleep disturbances that cause brief wakefulness, but may not register in the morning. Wesper’s algorithms can detect those, along with longer wakefulness episodes, such as getting up to go to the bathroom, etc.

Wesper Light can detect 4 sleep states – Wake, Light, Deep, and REM. Wesper uses your breathing, heart rate, and movement patterns to tell if you’re awake or asleep, as well as which sleep states you were in during the night.

Sometimes, especially if your mobile device is close to your partner. You can mitigate this issue by attempting to bring the mobile device further away from your partner, while still keeping it close to you.

Yes, Wesper’s algorithms filter out noise machines.

Yes, Wesper’s algorithms filter out background noise.

The most common reasons for under-detection of snoring are a) the phone not being close enough to you while you sleep, b) a periodic electrical or mechanical noise, such as a CPAP machine or oscillating fan. For best results, try to keep your phone away from any machines or appliances that can produce these specific types of noises.

Wesper uses the microphone in your mobile device to record audio with your permission. The audio is then processed by Wesper’s algorithms to pick out periods of snoring. For best results, try to keep the mobile device as close to you as you can, for example on a nightstand or on the floor next to the bed.

Wesper Light’s algorithms detect drops in breathing volume. These abnormal breathing events are a precursor to a reduction in oxygen entering the lungs and do not automatically correspond with a decline in blood oxygen levels, especially in individuals with milder sleep problems.

No, Wesper Light is not a medical device and cannot detect apneas or hypopneas. Wesper Light detects inconsistent breathing, which is designed to be more sensitive, as it’s intentionally tuned to pick up even small drops in breathing volume.

Wesper Light uses clinically-validated respiratory measurements to identify periods of inconsistent breathing throughout the night. If your breathing volume decreases frequently or lasts for long periods of time, you’re more likely to have restless, lighter sleep, and experience increased daytime sleepiness, dizziness, headaches, and overall reduction in quality of life.

Wesper Light can generate accurate insights about the quality of your breathing, amount of time snoring, sleeping positions, heart rate, sleep time, sleep efficiency, and sleep staging (wake / light / deep / REM). It also provides other environmental measurements, such as patch temperature and ambient noise. These insights are provided for each night test and as trends over time.

 Ideally within 4 feet. Try to avoid placing the phone near metallic objects, such as watches or other electronic devices.

It depends. Typically it’s between 1-5 minutes, but in some rare situations, it may be as long as over an hour. The Wesper patches record and store all of their data, and then send it to the Wesper app over Bluetooth. That connection may experience normal interruptions, which would then require the app to recover any remaining recording data in the morning. The time required for the app to complete the recovery depends on the volume of connection interruption throughout the night. Some tips for reducing the potential for disconnections: keep your phone within 4 feet of the patches overnight, and avoid placing any large metal objects or electronics next to the phone.

Yes, but it’s not recommended. Shutting off the app prevents it from obtaining the recordings overnight, requiring the app to recover them in the morning. This morning-only recovery may take up to 2 hours, during which time the phone will have to be adjacent to the patches. Additionally, shutting off the app prevents it from recording audio overnight for snoring detection.

Yes, but it’s not recommended. Disabling Bluetooth prevents the app from obtaining the recordings overnight, requiring it to recover them in the morning. This morning-only recovery may take up to 2 hours, during which time the phone will have to be adjacent to the patches.

Yes, but it’s not recommended. Airplane mode disables internet and Bluetooth, preventing the app from obtaining the recordings overnight, requiring it to recover them in the morning. This morning-only recovery may take up to 2 hours, during which time the phone will have to be adjacent to the patches.

No, Wesper recommends replacing the adhesive strips with new ones before every new session.

No, Wesper uses a medical-grade, biocompatible, silicone-based adhesive. It is robust, but very gentle. In some rare situations, there might be some light, temporary redness for a few minutes, but it will fade quickly and leave no marks. If you experience worse or longer-lasting symptoms, please contact your healthcare provider.

No, Wesper uses a medical-grade, biocompatible, silicone-based adhesive. It is robust, but very gentle. In some rare situations, there might be some light, temporary redness for a few minutes, but it will fade quickly and leave no marks. If you experience worse or longer-lasting symptoms, please contact your healthcare provider.

No. Wesper uses a robust, yet gentle adhesive that’s been shown to work well with all levels of body hair. If you have any concerns about the adhesives, notice your patches moving, or think it has skewed your report, please don’t hesitate to reach out to us at support@wesper.co.

No. The Wesper patches are intended to be applied directly to the skin, using a robust, but gentle adhesive. Applying them to clothing will cause the recorded data to be distorted, rendering it unusable.

Wesper uses a medical-grade, biocompatible, silicone-based adhesive to adhere the patches to your body. The adhesive strips are replaceable, and Wesper recommends replacing them prior to each nightly use.

Wesper Lab has received FDA clearance for a new medical device, which is not commercially available at the moment. It will be available Summer 2022. You can receive updates on this and all things Wesper by joining our newsletter here The current device is our Wesper Light device which is a wellness device and does not provide a diagnosis.

No, Wesper Light is a wellness device intended to provide information about breathing quality, sleep quality, and snoring hygiene. Wesper data cannot be used to diagnose patients for sleep apnea or any other diseases. Wesper Lab has been approved by the FDA and is a diagnostic device which will launch Summer 2022.

Yes, you can use the Wesper Light app’s sleep journaling feature to log nightly use of these aids. You can then view this data and edit it at any time.

Yes, the Wesper Light app features a sleep journal where you can easily log a variety of lifestyle information on a daily basis. You can then view this data and edit it at any time.

Wesper Light uses two lightweight, wireless patches, which adhere to the body using a medical-grade, gentle adhesive. One patch is applied to the ribs, and the other one to the stomach. Overnight, the patches record data and send it to the app via Bluetooth. The app then uploads that data to Wesper’s servers, where it will be processed using world-class algorithms to generate accurate, actionable insights about your sleep, your breathing, and much more.

Yes, Wesper is rechargeable and intended for ongoing use.

Your Wesper Light device is designed to record and transmit up to 12 hours of data. Wesper Light requires at least 3 hours of recording to produce a nightly sleep report.

Wesper patches record respiratory, cardiac and positional data. Your mobile device records audio with your permission.

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Wesper offers easy access to sleep data so that you can provide better care and grow your sleep testing services.