ShiftwaveMobile — App Terms
Version 2026-09-23 · Effective 2026-09-23 · Cofactor Systems, Inc., doing business as Shiftwave · shiftwave.co/pages/app-terms
The short version
IMPORTANT: SECTION 17 CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES INDIVIDUALLY, WITH A 30-DAY RIGHT TO OPT OUT, AND A WAIVER OF CLASS ACTIONS. IT DOES NOT APPLY TO CONSUMERS IN THE EU, EEA OR UK.
These are the terms for ShiftwaveMobile, our app for your phone or tablet. They do not cover the earlier Shiftwave and Shiftwave Controller apps, which have their own terms. They cover the app and what happens when you run a session on a Shiftwave chair through it. They apply to you whether or not you bought the chair. The chair's sale, delivery and warranty are covered by the Purchase Terms the buyer agreed to at shiftwave.co. What we collect and what we do with it is in the Privacy Policy and, for health data, the Consumer Health Data Privacy Notice. Where those documents and these terms differ about your health data, the Notice wins.
1 · What Shiftwave is
Shiftwave is an app that runs guided sessions on a Shiftwave chair and helps you decide which session to run and when. It works with your own sessions over time, and what it suggests follows from them.
2 · What Shiftwave is not
Shiftwave is a general wellness product. It is not a medical device.
- It does not diagnose, treat, cure, mitigate or prevent any disease or condition.
- It is not a substitute for medical care, and nothing in it is medical advice.
- Do not use it in place of treatment, and do not change anything a clinician has told you to do because of something Shiftwave said or showed you.
- Some conditions mean you must not use Shiftwave, and others mean you should talk to your doctor first. Both are on the safety list in §3.
- If you feel unwell during a session, stop.
- If you are in crisis, Shiftwave is not the right tool. Contact your local emergency services or a crisis line.
3 · Before your first session — the safety agreement
The chair uses pulsed pressure waves and vibration you feel through your whole body. Some conditions mean you must not use it, and some mean you should talk to your doctor first. The full list is at shiftwave.co/pages/shiftwave-contraindications. It is the one that counts.
Before your first session, the app shows you the "do not use" conditions and asks you to confirm that none of them applies to you. Sessions do not run until you have. The list is not exhaustive. If anything about your health makes you uncertain, ask your doctor. Either way, you control the intensity and you can stop at any moment.
Your confirmation is yours, and nobody else may give it for you. It is recorded under your account. If you let someone else use a chair you own or operate, they give their own confirmation, under their own account — see §4.
If you feel dizzy, faint, short of breath, or in pain during a session, stop the session and get out of the chair. If it does not pass, get medical help.
4 · Who these terms are between, and the buyer's duty
These terms are between you and Cofactor Systems, Inc., doing business as Shiftwave ("Shiftwave", "we", "us"), a Delaware corporation at 513 Garden St, STE G, Santa Barbara, CA 93101.
You may be the person who bought the chair, or not. A chair is often used by more than one person: a household, a clinic, a team. Every person who runs a session needs their own account and agrees to these terms for themselves at that account's creation. An account is for one person.
If you let anyone else use a chair you own, operate or have access to, you are responsible for making sure they have read the safety list in §3 before they sit down, and that none of the "do not use" conditions applies to them. We cannot know who you share a chair with; you can.
5 · Your account
You need an account to run sessions. You create it once, after the introduction and before your first session, at the same screen where you accept the safety agreement in §3 and agree to these terms. The assistant answers before you have an account; what that sends is in §10 and in the Notice. You are responsible for what happens under your account. Give us accurate information, and tell us if it changes.
You must be 18 or older to create an account, and you confirm this at the gate.
6 · Your licence to use the app
We give you a personal, non-exclusive, non-transferable licence to install and use ShiftwaveMobile on devices you own or control, to run sessions on a Shiftwave chair, for your own use, under these terms. The app, its protocols, its audio, its designs and the software in the chair are ours or our licensors'. Don't copy, sell, rent, modify, reverse-engineer or extract them, and don't use the app to build something that competes with it. Protocols downloaded to your phone stay ours; you may use them through the app for as long as you have an account.
7 · The chair and the app together
Sessions run only through the app. The chair's core mechanical functions can be operated without an internet connection, but BioDrive, the assistant, your plan and your history need the app and, for most of it, your account.
These terms cover the app. The chair itself — its sale, delivery, warranty and returns — is covered by the Purchase Terms at shiftwave.co/policies/terms-of-service, which the buyer agreed to, and where these terms and the Purchase Terms overlap on the chair's sale, warranty, delivery or returns, the Purchase Terms govern. If you did not buy the chair, the Purchase Terms are not your agreement; these terms are. If you are using a chair in a clinic, studio, workplace or someone's home, their rules apply to your use of their premises and their chair; these terms apply to the app and to your data.
8 · Your content
What you write, say and record stays yours. You give us permission to process it to run the service, as described in the Privacy Policy — and the Privacy Policy is the operative document for what we do with it. We do not claim ownership of anything you write. A quote from a note you wrote reaches other people only if you tick to share it and then approve the quote we pick.
9 · How Shiftwave works with your sessions — your "twin"
Shiftwave builds a private picture of how you use it, and works from that picture. We call it your twin.
What it is. A short set of facts about your sessions — how often and how long you sit, what you come back to, how you have rated sessions, up to three words from a note — assembled on your phone from what you have already done; and the scores and ranges we compute from your sessions and keep under your account.
What it is built from. Your sessions and their recordings, your ratings, the words matched on your phone from a note against a fixed list of twenty, your birth year, and the preferences you set. Nothing from Apple Health or your calendar unless you connect them — and each of those asks you separately, at the moment you connect it.
What it is used for. To build and adjust your plan, to score your sessions and show you your range, to give the assistant the few lines it needs to answer you, and to keep your sessions so they are yours on any phone. It is not used to advertise to you, and it is not sold.
Where it lives. The picture your phone assembles stays on your phone. When the assistant answers you, the lines it needs pass through our servers to the AI service; we keep none of the words. The scores and ranges we compute are kept on our servers as part of your account. The Consumer Health Data Privacy Notice says exactly what is kept, where, and for how long.
When it goes. Delete your account and the sessions and scores go from our servers, with copies in backups removed within six months (Consumer Health Data Privacy Notice). Delete the app and the copy on your phone goes.
This is how the app works. Using Shiftwave means the twin runs. We describe it here, and in the Notice, so that you know what you are using — not because agreeing to these terms is a consent to it. It is not. The things that do need your separate yes — Apple Health, your calendar, research use of your sessions, and anything we would use for our own purposes rather than yours — ask you when they arise, and each can be turned off in Settings.
10 · The assistant
What it is. The assistant answers questions about your sessions and suggests what to run next. It is not a clinician, not a medical service and not a medical device. Its answers can be wrong, incomplete or out of date, and it does not know your medical history. §2 applies to everything it says.
What is sent. When you type or speak to it, your message and a few lines drawn from your sessions are sent to our servers and on to the AI service that answers you — including before you have made an account. Exactly what those lines can contain is listed in the Notice, §3.1. We do not attach your name or account id to what we send on. Our server logs keep none of the words.
The AI service. The model runs inside our cloud provider's service, not on your phone. The provider and the model's maker are named in the Notice, and neither uses your messages to train anything — they are used only to answer you.
Your control. You do not have to use the assistant. Nothing about a session depends on it.
Apple Health and your calendar are read only if you connect them, and each asks you when you do. What we read from them and where it goes is in the Notice. You can disconnect either at any time in Settings or in your phone's settings.
11 · Acceptable use
Don't break the law with it, don't try to break it, don't attack or overload the service, don't resell access to it, and don't use it to harm anyone.
12 · Changes to the app and to these terms
We may change the app, and we may change these terms. If we change them in a way that matters, we will tell you in the app at least thirty (30) days before the change takes effect, and you can close your account before then. Changes required by law, or that fix a security problem or an error, may take effect on notice.
Widening what leaves your phone under a consent you already gave is a new ask, never a notice.
If we ever stop running the service, we will give you at least ninety (90) days' notice first, and on request a copy of your sessions in a machine-readable form.
13 · Ending it
You can stop using Shiftwave at any time, and delete your account in the app (Settings → "Delete my account"). What it holds goes from our servers, as the Privacy Policy §6 says. We may suspend or end an account that breaks these terms; if we do, we will tell you why unless the law stops us.
14 · Updates and compatibility
The app needs a supported phone or tablet, Bluetooth to reach the chair, and an internet connection for your account, syncing, the assistant and updates. Offline, you can run protocols already on your phone; nothing is sent until you are back online. We will tell you before an update changes what devices the app runs on.
15 · What we warrant, and what we don't
We warrant that the app will perform the functions these terms describe, with reasonable skill and care. If it does not, tell us and we will fix it within a reasonable time; if we cannot, you may close your account. Beyond that, and to the extent the law allows, the app is provided as it is: we do not warrant that it will be uninterrupted or error-free, or that any session will have any particular effect on you. Nothing in this section limits the rights you have under the consumer law of where you live, including the statutory guarantee of conformity for EU, EEA and UK consumers.
16 · Our liability to you
We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care and skill. We are not responsible for loss that is not foreseeable, or for business losses.
Our total liability to you under these terms is limited to the greater of (a) what you have paid Shiftwave for the app and its digital services in the twelve (12) months before the event giving rise to the claim and (b) one hundred US dollars (US $100).
Nothing in these terms limits or excludes our liability for: death or personal injury caused by our negligence · fraud or fraudulent misrepresentation · our breach of data-protection law regarding your personal data, including health data · the statutory guarantee of conformity for EU/EEA/UK consumers · anything else the law of where you live does not let us limit.
We do not ask you to indemnify us.
17 · If we have a dispute
Talk to us first. Write to info@shiftwave.co with what happened and what you want. We will try to resolve it within thirty (30) days. Most problems end here.
Arbitration, both ways. If we cannot resolve it, you and we each agree that any dispute arising from these terms or the app will be resolved by binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association, by a single arbitrator, in the county where you live, or by video or telephone if you prefer. We will pay all arbitration fees beyond what you would have paid to file the claim in court. This applies to claims we bring against you as much as to claims you bring against us. Either of us may instead bring an individual claim in small-claims court. Either of us may seek an injunction to protect intellectual property or to stop unauthorised access. This section does not apply to claims of sexual assault or sexual harassment, which you may bring in court.
You can opt out. You may reject this arbitration section by emailing info@shiftwave.co within thirty (30) days of first agreeing to these terms, with your name and the email on your account. Opting out does not affect anything else in these terms.
Individual claims only. You and we agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any class, consolidated or representative proceeding. If this sentence is found unenforceable for a particular claim, that claim goes to court, and the rest of this section stands.
If you are a consumer in the EU, EEA or UK, this section does not apply to you — neither the agreement to arbitrate nor the "individual claims only" paragraph. You keep your right to bring proceedings in the courts of your country of habitual residence, including collective and representative actions your law provides, and we may bring proceedings against you only there. You may also use the European Commission's Online Dispute Resolution platform.
18 · Governing law
These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. This choice does not take away any protection you have under the mandatory consumer law of the place where you live, and where that law gives you more, it applies.
19 · App stores
If you got the app from Apple's App Store or Google Play: these terms are between you and Shiftwave, not the store. The store has no obligation to maintain or support the app and is not responsible for it. The store may enforce these terms as a third-party beneficiary. Your use of the app also follows the store's own usage rules. Any claims about the app — including product liability, consumer-protection and intellectual-property claims — are ours to answer, not the store's.
20 · Your data
What we collect, why, who receives it and how long we keep it is in the Privacy Policy. For health data, the Consumer Health Data Privacy Notice applies and controls. Agreeing to these terms is not a consent to any collection or use; the things that need your consent ask for it separately, at the moment they arise.
21 · General
These terms, the Privacy Policy, the Consumer Health Data Privacy Notice and the safety list at shiftwave.co/pages/shiftwave-contraindications as updated from time to time, which is part of these terms, are the whole agreement between you and Shiftwave about the app. If you also bought the chair, the Purchase Terms are your agreement for that purchase, and §7 says which governs where they overlap. If any part of them is found invalid, the rest stands, and the invalid part is read as narrowly as needed to make it valid. If we do not enforce something once, we can still enforce it later. You may not transfer your account or these terms to anyone else; we may transfer them to a buyer of the business who takes on the same promises (Privacy Policy §7). Sections 2, 8, 9, 15–19 and 21 survive the end of your account.
22 · Contact
Cofactor Systems, Inc., doing business as Shiftwave · 513 Garden St, STE G, Santa Barbara, CA 93101, United States · info@shiftwave.co.