Provider Terms of Service

1. Scope and Applicability

These Provider Terms of Service ("Provider Terms") supplement the general ActiPatch^® Terms of Service and govern your access to the ActiPatch^® provider portal and all related tools and services (collectively, the "Provider Services") offered by Electrome Corporation ("Electrome," "we," "us"). To the extent these Provider Terms conflict with the general Terms of Service, these Provider Terms control with respect to the Provider Services.

By creating a provider account, you represent and warrant that you meet all eligibility requirements in Section 2 below and that you accept these Provider Terms, the general Terms of Service, and the Provider Privacy Policy.

2. Eligibility

• You must hold a current, unrestricted license to practice as a healthcare professional in each state or jurisdiction where you intend to use the Provider Services.
• You must provide a valid 10‑digit National Provider Identifier ("NPI") at registration. We verify NPI data against the NPPES NPI Registry maintained by CMS and reserve the right to deny or revoke access if your NPI is inactive, invalid, or does not match the information on file.
• If you are registering on behalf of a practice or organization, you represent that you have authority to bind that entity to these Provider Terms.
• Staff members added under your provider account must be authorized by you and operate under your clinical supervision. You are responsible for their compliance with these Provider Terms.

3. Provider Account and Credentials

• You are solely responsible for all activity under your provider account, including activity by authorized staff members.
• You must keep your login credentials confidential and must not share them with anyone outside your authorized clinical staff.
• You must promptly notify Electrome at bioelectrictherapy@electrome.com of any suspected unauthorized access or security incident involving patient data.
• You must keep your NPI, DEA (if applicable), license information, and contact details current in your provider profile.

4. Provider Orders and Order Forms

Device Orders. Orders for the prescription-only device for post-operative care and ActiPatch^® are stated in U.S. dollars and exclude applicable taxes. Payments are processed by Stripe and Shopify.

Order Forms. If you execute a separate Order Form or enterprise agreement with Electrome, the terms of that Order Form supplement and, where they conflict, supersede these Provider Terms with respect to pricing, service levels, and scope.

5. Clinical Use and Responsibility

• Independent Clinical Judgment. You are solely responsible for all clinical decisions, including diagnosis, treatment selection, prescribing, and patient follow‑up. Electrome does not practice medicine, does not provide medical advice, and does not interfere with the clinician‑patient relationship.
• Prescribing the Prescription-Only Device for Post-Operative Care. The prescription-only device for post-operative care is an FDA‑cleared prescription Pulsed Shortwave Therapy device. You may prescribe it only in accordance with its FDA‑cleared labeling, your state practice act, and applicable federal and state prescribing laws.
• ActiPatch^® Recommendations. ActiPatch^® is FDA‑cleared for over‑the‑counter use. You may recommend ActiPatch^® to patients consistent with its labeling; no prescription is required.
• Standard of Care. You agree to use the Provider Services in a manner consistent with the applicable standard of care and your professional obligations, including informed consent, patient privacy, and accurate medical record‑keeping.
• Adverse Events. You must report any device‑related adverse event to bioelectrictherapy@electrome.com and to FDA MedWatch in accordance with applicable reporting requirements.

6. AI‑Assisted Features

The Provider Services may include AI‑assisted features such as documentation suggestions, care‑plan templates, and outcomes analytics. These features are informational aids only. AI outputs may be incomplete or inaccurate. You must independently verify all AI‑generated content before relying on it in clinical decision‑making.

7. HIPAA Compliance and Business Associate Agreement

Electrome acts as a Business Associate under HIPAA when processing Protected Health Information ("PHI") on your behalf through the Provider Services. The HIPAA Compliance page describes our administrative, technical, and physical safeguards. If your practice requires execution of a separate Business Associate Agreement ("BAA"), contact bioelectrictherapy@electrome.com. Use of the Provider Services constitutes your acknowledgment that a BAA is in effect between you and Electrome governing the treatment of PHI.

8. Data Ownership and Access

• Your Data. You retain ownership of all clinical data, care plans, and documentation you create through the Provider Services ("Provider Data"). Electrome does not claim ownership of Provider Data.
• License to Electrome. You grant Electrome a limited, non‑exclusive license to process, store, and transmit Provider Data solely to operate, maintain, and improve the Provider Services and to comply with applicable law.
• De‑identified Data. Electrome may create de‑identified and aggregated datasets from Provider Data consistent with HIPAA §164.514 and use such datasets for research, analytics, and service improvement. De‑identified data cannot be re‑identified or attributed to you or your patients.
• Data Portability. Upon written request and subject to identity verification, Electrome will provide you with a machine‑readable export of your Provider Data within thirty (30) days.

9. Intellectual Property

"ActiPatch^®," and related marks are trademarks of Electrome Corporation or its licensors. All software, algorithms, interfaces, and documentation comprising the Provider Services are protected by copyright, trademark, and trade‑secret law. You receive a limited, revocable, non‑exclusive, non‑transferable license to use the Provider Services for their intended clinical purpose.

10. Acceptable Use

You agree not to:

• Use the Provider Services for any purpose outside the scope of legitimate clinical care
• Access or attempt to access patient records of individuals not under your care
• Share, export, or transmit PHI except as authorized by HIPAA and the patient's consent
• Reverse‑engineer, decompile, or attempt to extract the source code of the Provider Services
• Use the Provider Services in a way that violates any applicable federal, state, or local law, regulation, or professional ethics rule
• Misrepresent your licensure status, NPI, or clinical qualifications

11. Disclaimer of Warranties

Except as expressly provided in a signed Order Form or BAA, the Provider Services are provided "AS IS" and "AS AVAILABLE." Electrome disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non‑infringement. Electrome does not warrant that the Provider Services will be error‑free or uninterrupted, or that clinical outcomes will be achieved.

12. Limitation of Liability

To the maximum extent permitted by law, Electrome shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Provider Services, including without limitation loss of patient data, clinical outcomes, revenue, or goodwill. Electrome's aggregate liability for any claim arising under these Provider Terms shall not exceed the fees you paid to Electrome in the twelve (12) months preceding the claim. This limitation does not apply to Electrome's obligations under a signed BAA.

13. Indemnification

You agree to indemnify and hold harmless Electrome and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your clinical decisions or patient care, (b) your breach of these Provider Terms, (c) your violation of applicable law or professional regulations, or (d) any third‑party claim related to your use of the Provider Services.

14. Suspension and Termination

• We may suspend your access immediately upon notice if we have reason to believe your NPI has been deactivated, your license has been restricted, suspended, or revoked, or you have violated these Provider Terms or applicable law.
• You may terminate your provider account at any time by contacting bioelectrictherapy@electrome.com.
• Upon termination, your access to Provider Services ceases. Electrome will retain clinical records as required by Section 8 and applicable law.

15. Governing Law and Dispute Resolution

These Provider Terms are governed by the laws of the State of California, without regard to conflict‑of‑law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

16. Modifications

We may update these Provider Terms from time to time. Material changes will be communicated by email and through the provider portal at least fourteen (14) days before they take effect. Continued use of the Provider Services after the effective date constitutes acceptance of the updated Provider Terms.

17. Contact

Electrome Corporation
Provider Relations
200 N Vineyard Blvd
Ste. A325 # 5743
Honolulu, HI 96817
Phone: (808) 300-5703
Email: bioelectrictherapy@electrome.com · General: bioelectrictherapy@electrome.com