Terms of Use

1. Acceptance of These Terms

Welcome to the Erchonia-DPN website and provider portal (collectively, the "Platform"), owned and operated by Erchonia Corporation, LLC ("Erchonia," "we," "our," or "us").

These Terms of Use govern access to and use of the Platform, including use by participating healthcare providers, clinics, clinic personnel, other authorized users, and visitors to the public portions of the website.

By accessing or using the Platform, creating an account, submitting information, submitting an order, or otherwise using Platform functionality, you acknowledge that you have read, understood, and agree to these Terms of Use and any policies expressly incorporated into them.

Use of the Platform is also subject, as applicable, to our:

• Privacy Policy
• HIPAA & Protected Health Information Notice
• Medical Disclaimer

Participating clinics are additionally subject to their separately executed agreement with Erchonia, including the applicable Master Device Fulfillment & Practice Equipment Agreement, Business Associate Agreement, exhibits, addenda, and ordering documents (collectively, the "Clinic Agreement").

If these Terms conflict with an executed Clinic Agreement concerning the Erchonia-DPN program, the Clinic Agreement controls according to its terms.

If you do not agree with these Terms, do not use the Platform.

2. Purpose of the Platform

The Erchonia-DPN Platform provides information about the Erchonia-DPN Laser and supports Erchonia's business relationship with participating healthcare providers and clinics.

Authorized clinics may use the Platform for purposes including:

• Managing clinic account information
• Submitting Device fulfillment orders
• Providing information necessary for shipment
• Paying applicable fees owed by the clinic to Erchonia
• Reviewing order information
• Reviewing Device serial numbers
• Reviewing shipment and delivery information
• Reviewing applicable "Return by" dates
• Tracking Device returns
• Accessing fulfillment records
• Accessing applicable product, program, safety, and support materials
• Communicating with Erchonia regarding fulfillment and program administration

The Platform is not a telehealth service, medical practice, healthcare provider, patient qualification service, or emergency medical service.

3. Erchonia Does Not Practice Medicine

Erchonia is a medical device manufacturer and fulfillment and logistics provider.

Erchonia does not:

• Practice medicine
• Evaluate or diagnose patients
• Determine treatment eligibility
• Select patients for treatment
• Prescribe treatment
• Determine treatment duration
• Provide medical advice
• Provide treatment instruction
• Establish a physician-patient relationship
• Monitor a patient's clinical progress
• Provide clinical follow-up
• Direct or control the independent practice of medicine

All medical and clinical decisions are made solely by the patient's licensed healthcare provider or clinic exercising independent professional judgment.

Participating clinics and healthcare providers remain independent from Erchonia with respect to patient care and clinical decision-making.

Erchonia's acceptance, processing, or fulfillment of an order does not constitute approval, endorsement, review, or confirmation of a clinic's clinical decision.

Nothing on the Platform should be interpreted as medical advice or as replacing consultation with a qualified healthcare professional.

4. Erchonia-DPN Medical Device

The Erchonia® DPN Laser, Model EVRL, is a prescription medical device cleared by the U.S. Food and Drug Administration under 510(k) No. K251903.

FDA clearance does not guarantee any particular treatment outcome or individual result.

Devices supplied through the Erchonia-DPN program are configured by Erchonia to the Standard Program described in the applicable Clinic Agreement and FDA-cleared labeling.

Erchonia does not configure, program, or modify a Device to correspond to an individual patient's prescribed treatment duration or other patient-specific treatment parameters.

Healthcare providers remain solely responsible for prescribing and directing use of the Device in accordance with applicable law and their independent professional judgment.

5. Website Visitors and Authorized Platform Users

Certain portions of the Erchonia-DPN website may be available to the general public.

Provider-portal functionality is intended only for participating clinics and their authorized personnel.

A user accessing restricted Platform functionality represents that:

• The user is authorized to act on behalf of the applicable clinic
• Information submitted through the Platform is truthful, accurate, and complete
• The user will use the Platform only for lawful business purposes
• The user will comply with applicable privacy, healthcare, medical-device, professional, and other laws
• The user will comply with the applicable Clinic Agreement
• The user will not submit unnecessary patient information or PHI

Erchonia may restrict or terminate Platform access where reasonably necessary for security, fraud prevention, nonpayment, misuse, Device or patient safety, privacy, legal compliance, or violation of these Terms or an applicable Clinic Agreement.

6. User Accounts

Users issued Platform credentials are responsible for:

• Maintaining the confidentiality of usernames, passwords, and other credentials
• Preventing unauthorized access to their accounts
• Using accounts only for authorized purposes
• Maintaining accurate account information
• Promptly notifying Erchonia of suspected unauthorized access or security incidents

Users may not share credentials with unauthorized persons or permit another person to impersonate them through the Platform.

Erchonia may implement reasonable authentication, security, access-control, and account-management requirements.

7. Clinic Responsibility for Patient Care

Participating clinics and their licensed healthcare providers retain sole responsibility for all aspects of patient care.

This includes:

• Patient evaluation
• Diagnosis
• Patient selection
• Determining medical appropriateness
• Prescribing
• Determining the Course of Treatment
• Informed consent
• Screening for contraindications, warnings, and precautions
• Providing treatment instructions
• Providing the Device login passcode to the patient
• Monitoring
• Adherence
• Follow-up
• Clinical documentation
• Professional licensure
• Compliance with applicable standards of care

All clinical questions, treatment decisions, treatment-duration decisions, and questions regarding whether a patient should continue or discontinue treatment are matters between the patient and the patient's clinic or healthcare provider.

8. Patient Information Submitted by Clinics

Participating clinics must limit identifiable patient information submitted through the Platform to information permitted or required by the applicable Clinic Agreement and Business Associate Agreement.

For an ordinary fulfillment order, the clinic provides:

• Device information
• Requested shipment date
• A Patient Reference Identifier
• Patient name
• Patient Delivery Address

The Patient Reference Identifier must not contain or reveal the patient's name, initials, date of birth, address, telephone number, or other patient-identifying information.

The clinic maintains the relationship between the Patient Reference Identifier and the applicable patient in the clinic's own records.

Erchonia does not request, receive, or record through the ordinary order process:

• The prescribed length of the Course of Treatment
• The patient's prescribed end date
• Diagnosis information
• Medical history
• Symptoms
• Medications
• Treatment notes
• Medical records
• Other unnecessary identifiable clinical information

Additional identifiable information may be submitted when reasonably necessary for complaint handling, adverse-event reporting, Medical Device Reporting, recalls, field safety actions, regulatory obligations, or as otherwise permitted or required by applicable law and the applicable Business Associate Agreement.

9. Orders

Participating clinics may submit fulfillment orders through the Platform in accordance with their Clinic Agreement.

Before submitting an order for a patient, the clinic is responsible for completing all requirements allocated to it under the Clinic Agreement, including:

• Prescribing the Course of Treatment
• Providing applicable patient instruction
• Screening for applicable contraindications, warnings, and precautions
• Obtaining the required Patient Custody Acknowledgment
• Providing the patient with the required Device login passcode
• Completing other applicable clinical or compliance requirements

Erchonia may reject, delay, cancel, or suspend an order that is incomplete, unpaid, noncompliant, unavailable for fulfillment, affected by a recall or safety issue, or otherwise subject to suspension or rejection under the applicable Clinic Agreement.

10. Clinic Payments

Participating clinics are responsible for fees owed to Erchonia under their applicable Clinic Agreement.

Payments may be processed through third-party payment processors.

Erchonia's Device Fee and other amounts owed under the Clinic Agreement are obligations of the clinic and are not charges by Erchonia to patients.

Erchonia does not:

• Establish a clinic's professional fees
• Bill patients for Devices
• Bill patients for clinical services
• Receive a percentage of clinic patient revenue
• Participate in the clinic's collections or accounts receivable
• Condition Device supply on the amount a clinic charges its patient

Any professional fees charged by a clinic to its patient are independently determined by the clinic and are the responsibility of the clinic.

11. Device Fulfillment and Shipment

At the direction of a participating clinic, Erchonia may ship an Erchonia-DPN Device by common carrier directly to a patient's Delivery Address.

The shipment is performed as a fulfillment and logistics service for the participating clinic and as the clinic's shipping agent for purposes described in the Clinic Agreement.

Direct shipment to a patient's residence does not create a sale, rental, lease, or other Device transaction between Erchonia and the patient.

Erchonia does not receive payment, rent, deposits, or other consideration from patients for Devices supplied through the program.

Title to each Device remains with Erchonia.

Upon carrier-confirmed delivery, the Device is furnished by the clinic to the patient as practice equipment for home use as an incident of the clinic's prescribed Course of Treatment.

12. Fulfillment Period and Return-by Date

Each Device is assigned a fixed Fulfillment Period under the applicable Clinic Agreement.

Erchonia may print a "Return by" date on the Return Kit and include that date in the clinic's shipment information.

The Fulfillment Period and "Return by" date are logistics dates and are not clinical determinations of the patient's treatment duration.

A patient's applicable return deadline may be earlier than the printed "Return by" date if the clinic has prescribed an earlier end date.

The clinic—not Erchonia—is responsible for determining the patient's Course of Treatment and prescribed end date.

Unused treatment sessions do not extend the applicable return deadline.

13. Portal Record

Erchonia maintains a Portal Record associated with the applicable Patient Reference Identifier.

The Portal Record may include:

• Device serial number
• Shipment date
• "Return by" date
• Carrier-confirmed delivery date
• Return receipt date

The Portal Record is made available to the participating clinic as provided in the applicable Clinic Agreement.

The Portal Record may be retained for the period required under the Clinic Agreement and applicable legal or regulatory requirements.

To the extent the Portal Record is associated with an identifiable patient, it will be handled in accordance with the applicable Business Associate Agreement and Erchonia's HIPAA & Protected Health Information Notice.

14. Failed or Refused Delivery

If a Device cannot be delivered because the Delivery Address is incorrect or insufficient, the package is refused, or the shipment is otherwise undeliverable, the Device may be returned to Erchonia.

As authorized by the participating clinic and applicable Clinic Agreement, Erchonia may contact the patient for the limited purpose of confirming or correcting the Delivery Address.

Erchonia may then reship the Device once to the confirmed or corrected Delivery Address unless the clinic cancels the order before reshipment.

These communications are fulfillment and logistics communications only and do not constitute medical advice, treatment instruction, or establishment of a physician-patient relationship.

15. Device Return

Devices must be returned according to the applicable Clinic Agreement and Patient Custody Acknowledgment.

Erchonia provides a Return Kit for return of each Device.

A patient may generally return the Device and accessories using the prepaid shipping materials provided.

Where applicable, the patient or clinic may request:

• A replacement prepaid return label
• A replacement Return Kit
• Scheduling of a carrier pickup

Each Device must be returned according to its own applicable return deadline, even if multiple Devices were provided for the same Course of Treatment.

The clinic remains responsible for instructing its patient regarding custody, care, handling, and return obligations.

16. Return Shipping Information

Return shipping materials may display:

• The patient's name
• The patient's Delivery Address
• The Patient Reference Identifier

The patient's name and Delivery Address may appear as shipper-of-record information required for carriage.

Patients should not add medical information, clinical information, or other unnecessary information to the return label, package, or contents.

17. Patient Custody Acknowledgment

Before placing an order, the participating clinic is responsible for obtaining the patient's execution of the applicable Patient Custody Acknowledgment.

The Patient Custody Acknowledgment is an agreement between the clinic and the patient.

Erchonia is not a party to that acknowledgment.

The acknowledgment addresses matters including:

• Delivery of the Device to the patient's home
• Patient custody of the Device
• Use only as prescribed
• Applicable return deadlines
• Device care
• Loss or damage
• Return procedures
• Multiple Devices
• Device settings and login passcode
• The possibility that a Device may be previously used and reprocessed
• Patient communications with the clinic and Erchonia

The Clinic Agreement governs Erchonia's rights and obligations relating to the Patient Custody Acknowledgment.

18. No Device Rental or Sale to Patients

The Erchonia-DPN fulfillment program is not a sale, rental, or lease of a Device by Erchonia to a patient.

Erchonia does not offer patients:

• Device rentals
• Device leases
• Per-day Device pricing
• Per-treatment Device pricing
• Purchase options
• Ownership-conversion options
• Deposits for Device possession

Devices are supplied to participating clinics for use in their professional practices and may be furnished by those clinics to their patients as an incident of a prescribed Course of Treatment.

19. Lost, Damaged, or Unreturned Devices

Financial obligations owed to Erchonia for lost, damaged, or unreturned Devices are governed by the applicable Clinic Agreement and are obligations of the participating clinic.

Erchonia does not impose on a patient:

• A per-day late-return charge
• A time-based Device fee
• A purchase-conversion charge
• A Device rental fee

A clinic may have rights against its patient for actual loss or repair cost to the extent permitted by the Clinic Agreement, Patient Custody Acknowledgment, and applicable law.

Erchonia will not assert a monetary claim against a patient arising solely from the loss, damage, or non-return of a Device.

20. Recovery of Erchonia-Owned Devices

Title to each Device remains with Erchonia.

Where permitted under the applicable Clinic Agreement and applicable law, Erchonia may take lawful steps to recover possession of an Erchonia-owned Device that has not been returned.

Any such recovery activity is separate from clinical care.

Erchonia will not use patient PHI to communicate a charge, fee, price, or other financial consequence to a patient.

21. New and Reprocessed Devices

Devices supplied through the Erchonia-DPN program may be new or previously used and reprocessed by Erchonia.

Returned Devices may undergo applicable:

• Cleaning
• Disinfection
• Inspection
• Functional verification
• Other applicable reprocessing procedures

Participating clinics are responsible for providing required disclosures to patients concerning the possibility of receiving a previously used and reprocessed Device.

22. Multiple Devices and Sequential Use

A participating clinic may order more than one Device for the same Patient Reference Identifier when permitted under the Clinic Agreement.

Each Device is a separate unit configured to the Standard Program.

Where multiple Devices are furnished:

• The clinic is responsible for instructing the patient to use them sequentially
• Devices should not be used concurrently
• Each Device has its own applicable return deadline
• Each Device must be returned according to its own return schedule

Erchonia's acceptance or fulfillment of an additional Device order is a fulfillment act only and does not constitute a clinical endorsement, recommendation, or approval of an extended Course of Treatment.

23. Device Use and Safety

Patients must use Devices only as directed by their prescribing healthcare provider and in accordance with applicable instructions for use and patient-facing labeling.

Questions regarding:

• Treatment appropriateness
• Medical conditions
• Contraindications
• Symptoms
• Medications
• Treatment duration
• Treatment frequency
• Clinical outcomes
• Whether treatment should continue or stop

must be directed to the patient's healthcare provider.

Patients should contact the clinic regarding injuries, adverse events, or clinical questions.

Patients may contact Erchonia customer service regarding:

• Shipping damage
• Missing items
• Device malfunctions
• Replacement return materials
• Return logistics

Erchonia may arrange permitted replacement and return logistics but does not provide medical advice or treatment instruction.

24. Device Settings and Passcodes

Devices supplied through the program are configured to the Standard Program.

Erchonia controls the settings necessary to maintain that configuration.

Participating clinics and patients may not attempt to:

• Access restricted Device settings
• Disable the DPN mode
• Change treatment limits
• Reset treatment counts
• Modify Device configuration
• Obtain or use Erchonia's restricted settings passcode

The clinic is responsible for providing the patient with the applicable login passcode required for ordinary Device operation.

Patients and clinics are responsible for maintaining the confidentiality of that login passcode as required by the applicable agreements.

25. Acceptable Use

You may not:

• Misrepresent your identity or authority
• Access another person's account without authorization
• Submit false, misleading, or fraudulent information
• Submit unnecessary patient information or PHI
• Attempt to gain unauthorized access to Platform systems
• Circumvent Platform security controls
• Introduce malware, viruses, or harmful code
• Interfere with Platform operation
• Scrape, harvest, or systematically extract Platform data except as expressly authorized
• Reverse engineer Platform software except where prohibited restrictions are unenforceable by law
• Use the Platform for unlawful or fraudulent purposes
• Violate applicable privacy, healthcare, medical-device, consumer-protection, or other laws
• Use Erchonia materials to make false, misleading, unauthorized, or unlawful medical-device claims
• Attempt to use the Platform to alter or circumvent Device configuration controls

Erchonia may restrict or terminate access for violations of this Section.

26. Marketing and Product Claims

Information supplied by Erchonia concerning the Erchonia-DPN Device is intended to accurately describe the Device, its FDA marketing authorization, applicable labeling, and program operation.

Users may not alter Erchonia materials or use Erchonia's name, trademarks, materials, or Platform to:

• Make false or misleading claims
• Promote an Off-Label Use in public marketing or advertising
• Represent that Erchonia endorses an independent clinical decision
• Represent that Erchonia determines patient eligibility or treatment
• Mischaracterize the Erchonia-DPN program as a patient Device rental, lease, sale, or durable/home medical equipment transaction
• Misrepresent Erchonia's relationship with a clinic or healthcare provider

Nothing on the Platform authorizes or encourages Off-Label Use.

Independent clinical decisions made by licensed healthcare providers remain the responsibility of those providers.

27. Intellectual Property

The Platform and its content, including trademarks, trade names, logos, graphics, photographs, videos, text, software, source code, documentation, product materials, user-interface designs, and other content, are owned by or licensed to Erchonia and are protected by applicable intellectual-property laws.

Except as expressly authorized by Erchonia, no user may copy, reproduce, distribute, modify, publish, display, create derivative works from, or commercially exploit Platform content.

Use of the Platform does not transfer ownership of any intellectual-property rights.

28. Third-Party Services

The Platform may rely on third-party services including:

• Payment processors
• Cloud and hosting providers
• Shipping carriers
• Logistics providers
• Communications providers
• Security services
• Technology vendors

Erchonia may also provide links to independent third-party websites.

Use of independent third-party websites may be governed by their own terms and privacy policies.

Nothing in this Section limits Erchonia's responsibilities concerning subcontractors or service providers acting on its behalf under applicable law, HIPAA, or an applicable Business Associate Agreement.

29. Privacy and HIPAA

Use of the Platform is subject to Erchonia's Privacy Policy and HIPAA & Protected Health Information Notice.

Where Erchonia creates, receives, maintains, or transmits PHI on behalf of a participating clinic, that information will be handled in accordance with the applicable Business Associate Agreement and applicable law.

The clinic remains responsible for:

• Its own Notice of Privacy Practices
• Its medical records
• Patient authorizations and restrictions applicable to its PHI
• Providing or obtaining required notices or acknowledgments concerning permitted shipment-, delivery-, and return-related communications

Erchonia does not maintain a HIPAA Designated Record Set on behalf of participating clinics under the current program structure.

30. Disclaimer of Medical Outcomes

Clinical results vary among patients.

Erchonia makes no guarantee or warranty that use of the Erchonia-DPN Device will produce any particular clinical outcome or result.

Information concerning clinical studies, FDA clearance, indications for use, or treatment results describes available information concerning the Device and does not constitute a prediction or guarantee regarding an individual patient.

Treatment decisions must be made by licensed healthcare professionals based upon their independent professional judgment.

31. Platform Disclaimer

The Platform and its website functionality are provided on an "AS IS" and "AS AVAILABLE" basis to the fullest extent permitted by applicable law.

Erchonia does not warrant that:

• Platform access will always be uninterrupted
• All errors will immediately be corrected
• Every feature will remain available
• Third-party systems will always operate without interruption
• Electronic communications or internet services will be completely secure or error-free

Nothing in this Section limits an express warranty contained in an applicable Clinic Agreement or any warranty that cannot lawfully be disclaimed.

32. Limitation of Liability

To the fullest extent permitted by applicable law, Erchonia and its officers, directors, employees, affiliates, contractors, licensors, suppliers, successors, and assigns will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits or revenue, arising from use of or inability to use the Platform.

Erchonia is not responsible for clinical decisions, diagnoses, prescriptions, treatment instructions, professional services, patient selection, treatment duration, or medical judgment provided by independent healthcare providers.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

For participating clinics, limitations of liability concerning the Erchonia-DPN fulfillment program are governed by the applicable Clinic Agreement to the extent that agreement applies.

33. Indemnification

To the extent permitted by law, a Platform user agrees to indemnify and hold Erchonia harmless from third-party claims, liabilities, damages, costs, and reasonable expenses arising from the user's:

• Unauthorized or unlawful use of the Platform
• Material violation of these Terms
• Fraud or intentional misconduct
• Unauthorized access to another user's account
• Violation of Erchonia's intellectual-property rights

For participating clinics, indemnification obligations relating to patient care, Device use, marketing, billing, licensure, PHI, patient documents, or the fulfillment program are governed by the applicable Clinic Agreement.

34. Suspension and Termination

Erchonia may suspend, restrict, or terminate Platform access when reasonably necessary because of:

• Violation of these Terms
• Violation of an applicable Clinic Agreement
• Nonpayment
• Suspected fraud
• Unauthorized access
• Privacy or security concerns
• Device or patient safety concerns
• Recall, correction, removal, or field safety action
• Misuse of Erchonia materials
• Legal or regulatory compliance concerns

Termination of Platform access does not eliminate obligations relating to previously accepted orders, Devices already furnished, outstanding payments, returns, Device recovery, complaints, recalls, privacy obligations, or other obligations that survive under an applicable Clinic Agreement.

35. Changes to the Platform

Erchonia may modify, update, suspend, discontinue, or restrict Platform functionality from time to time.

Where changes affect contractual rights or obligations of participating clinics, the applicable Clinic Agreement governs whether notice or consent is required.

36. Force Majeure

Erchonia will not be liable for a delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, governmental actions, labor disruptions, epidemics, carrier failures, utility outages, internet outages, cyber incidents, supply-chain disruptions, or failures of third-party services, to the extent permitted by applicable law.

37. Governing Law and Disputes

These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law principles.

To the extent a dispute concerns a participating clinic and is governed by an executed Clinic Agreement, the dispute-resolution, arbitration, governing-law, jurisdiction, and venue provisions of that Clinic Agreement control.

For disputes arising solely from use of the public Platform and not governed by a separate agreement, applicable South Carolina law and applicable jurisdiction and venue requirements will govern.

38. Severability

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be modified or limited to the minimum extent reasonably necessary to make it enforceable where permitted, and the remaining provisions will remain in effect.

39. No Waiver

Erchonia's failure to enforce any provision of these Terms does not constitute a waiver of that provision or Erchonia's right to enforce it in the future.

40. Relationship to Clinic Agreement and Order of Precedence

These Terms govern use of the Platform and do not replace a participating clinic's executed Clinic Agreement.

The Clinic Agreement governs the business relationship between Erchonia and the participating clinic, including matters such as:

• Device supply
• Fulfillment
• Clinic payments
• Shipment
• Fulfillment Periods
• Device custody
• Returns
• Lost, damaged, or unreturned Devices
• Device recovery
• Clinical independence
• Patient Custody Acknowledgments
• HIPAA obligations
• PHI
• Marketing and claims
• Regulatory compliance
• Indemnification
• Limitation of liability
• Dispute resolution

Where applicable, the order of precedence established by the Clinic Agreement controls.

With respect to PHI matters, the applicable Business Associate Agreement controls over conflicting provisions of the Clinic Agreement or these Platform Terms.

The Patient Custody Acknowledgment is an agreement between the clinic and its patient and does not constitute an agreement between Erchonia and the patient.

41. Changes to These Terms

Erchonia may update these Terms periodically to reflect changes in:

• Applicable law
• Technology
• Platform functionality
• Privacy or security practices
• Business operations
• The Erchonia-DPN program

The current version will be posted on the Platform with its effective date.

Changes to these website Terms do not amend an executed Clinic Agreement except in accordance with the amendment procedures contained in that agreement.

42. Contact Information

Questions regarding these Terms of Use may be directed to:

Erchonia Corporation, LLC
112 Southchase Boulevard
Fountain Inn, South Carolina 29644

Email: info@erchonia.com
Phone: (888) 242-0571

Effective Date: August 24, 2026