TERMS OF USE

Last Updated: Jan 8, 2026

1. Acceptance of Terms

These Terms of Use ("Terms") govern access to and use of www.nervespa.com (the "Site"), any associated mobile applications, and any NerveSpa-branded or private-label devices, accessories, consumables, documentation, or services (collectively, the "Services"). The Services are operated by Pain Management Technologies, Inc., doing business as NerveSpa ("PMT," "NerveSpa," "we," "us," or "our"). By accessing, browsing, purchasing from, or otherwise using the Services, you agree to be legally bound by these Terms. If you do not agree, do not use the Services.

2. Business Model & Role Clarification

Primary Model: PMT sells NerveSpa devices primarily to licensed clinics, practices, and professional healthcare entities ("Clinics").

Clinic Role: Clinics act as the seller of record to their patients. PMT is a manufacturer and distributor and does not supervise or control clinical application of the devices.

Direct Purchases: Certain accessories or non-regulated consumables may be available for direct purchase by consumers.

No Assumption of Care: PMT does not provide medical care and does not control clinical decision-making.

3. Eligibility & Authority

Clinics: If using the Services on behalf of a Clinic, you represent that you have the legal authority to bind that entity to these Terms.

Patients / Consumers: You must be at least 18 years old, or use the Services under the strict supervision of a parent or legal guardian.

Export Control: You represent that you are not located in a country subject to U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.

4. Medical Disclaimer

PMT DOES NOT PROVIDE MEDICAL ADVICE.

Devices and content are provided for informational and general wellness purposes or for professional clinical distribution only.

PMT does not diagnose, treat, prescribe, or recommend medical care.

Users must not rely on the Services as a substitute for professional medical judgment or care.

Users are responsible for ensuring compliance with all applicable local, state, and federal regulations.

PMT makes no claims regarding efficacy beyond those cleared by relevant regulatory authorities.

In a medical emergency, call 911 or local emergency services immediately.

5. No Doctor–Patient Relationship

Use of the Services (including communications through the Site or applications) does not create a doctor-patient, clinician-patient, fiduciary, or therapeutic relationship between PMT and any user.

6. Device Use & Safety

You agree to:

• Use devices only in accordance with the applicable Instructions for Use (IFU) and safety warnings.
• Not modify, tamper with, or reverse engineer any device or firmware.
• Acknowledge that results vary and that no specific outcomes are guaranteed.
• Understand that Clinics are solely responsible for ensuring patients receive proper instruction and supervision.

7. Data Handling

Device usage data is stored locally on the device by default.

Optional app synchronization occurs only if affirmatively enabled by the user.

The Services are not intended to store Protected Health Information (PHI).

PMT is not a Business Associate of any Clinic unless a separate written agreement is executed.

Users should not upload sensitive medical records to the Site or applications.

8. Purchases, Wholesale Sales & Payments

Clinic / Wholesale Purchases

All device sales to Clinics are business-to-business wholesale transactions.

All wholesale sales are final.

Returns are not permitted unless expressly authorized in writing by PMT in advance.

Any and all returns must be authorized and, if approved, are subject to a restocking fee.

Any authorized return is subject to:

• Inspection and approval by PMT
• A restocking fee, as determined by PMT
• Deduction of shipping, handling, and processing costs

Unauthorized returns will be refused and returned at the Clinic's expense.

Consumer Purchases

Direct consumer sales (where offered) are subject to availability, applicable taxes, and shipping fees. All consumer sales are final unless otherwise stated at the point of sale.

Invoices

Payment terms are governed by issued invoices and any applicable written agreements. Failure to pay an invoice when due constitutes a material breach of these Terms.

9. Outstanding Invoices & Nonpayment (Clinics)

Late balances may accrue interest at 1.5% per month (18% per annum) or the maximum permitted by law.

PMT may suspend shipments, warranty service, replacements, discounts, or technical support for accounts with past-due balances.

PMT may suspend or deny warranty service while invoices remain unpaid.

Clinics agree to pay all collection costs, including reasonable attorneys' fees.

PMT may apply payments, credits, or rebates toward outstanding balances at its discretion.

10. Limited Warranty

Device Warranty (Clinics): PMT warrants to the original Clinic purchaser (and not to any subsequent owner or patient) that devices will be free from manufacturer defects in materials and workmanship for one (1) year from the Clinic's purchase date, when used in accordance with the IFU.

Exclusive Remedy: Repair or replacement, at PMT's discretion.

Exclusions: Damage from drops, falls, misuse, abuse, unauthorized repairs, operation contrary to IFU, or normal wear and tear.

Patient Claims: Patients must contact their Clinic for warranty issues. PMT provides no direct warranty to patients for devices purchased through a Clinic.

Accessories / Consumables: Warranted only as expressly stated at the point of sale, if at all.

11. Intellectual Property

All content, devices, firmware, designs, waveforms, protocols, documentation, and related technology ("PMT Technology") are the exclusive property of PMT. Private-labeling or resale rights do not confer ownership of PMT Technology.

12. Restrictions

You may not:

• (a) claim ownership of PMT Technology;
• (b) reverse engineer devices or firmware;
• (c) create derivative products; or
• (d) remove proprietary notices or branding,

unless expressly permitted by a separate written agreement signed by PMT.

13. Electronic Communications

By using the Services or providing your contact information, you consent to receive electronic communications from PMT, including transactional, account, legal, and administrative notices. Electronic communications satisfy any legal requirement that such communications be in writing.

You may opt out of marketing communications where required by law. Opting out does not affect receipt of transactional or legal communications.

You are responsible for maintaining accurate contact information. PMT is not responsible for undelivered messages due to outdated information, spam filtering, or technical issues beyond our control.

14. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PMT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PMT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. PMT'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO PMT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. Indemnification

Clinics agree to indemnify and hold PMT harmless from claims, losses, or liabilities arising from:

• (a) the Clinic's medical malpractice or negligence;
• (b) the Clinic's representations to patients; or
• (c) the Clinic's breach of these Terms or applicable law.

17. Termination

PMT may suspend or terminate access to the Services, shipments, warranty support, discounts, or the commercial relationship at any time for nonpayment, misuse, violation of these Terms, or legal or regulatory risk.

18. Governing Law & Venue

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles. Any legal action must be brought exclusively in the state or federal courts located in or serving Summit County, Ohio.

19. Contact Information