Terms & Conditions

1. About these Terms and who they cover

These Terms & Conditions (the "Terms") are a binding agreement between you and Medical Light Devices, Inc., doing business as LightStim ("LightStim," "we," "us," or "our"). They govern your access to and use of our website and any related pages, accounts, education portals, and services (together, the "Site"), and they govern every purchase you place through the Site.

The Site serves several kinds of customer, and not every section applies to every customer. Sections 1 through 21 and Sections 28 through 41 apply to everyone. Section 19 applies only to Consumer Customers. Sections 20 and 22 through 27 apply only to Professional Customers, Authorized Resellers, and Distributors. Where a section applies to a limited audience, it says so in its first sentence.

By using the Site, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Site or purchase from us.

2. Definitions

In these Terms:

•     "Consumer Customer" means an individual who purchases a LightStim product from the Site for personal, family, or household use.

•     "Professional Customer" means a business, practice, or facility that LightStim has approved for professional pricing and that purchases products for use in its own facility on its own clients or patients.

•     "Authorized Reseller" means a business that LightStim has approved in writing to resell LightStim products, including through an approved drop ship arrangement.

•     "Distributor" means a business operating under a signed LightStim distribution agreement for a defined territory.

•     "Additional Terms" means the policies and documents listed in Section 3.

•     "IFU" means the Instructions for Use, user manual, labeling, warnings, contraindications, and other documentation that ships with a device or that LightStim publishes for it.

Approval as a Professional Customer does not by itself make you an Authorized Reseller, and approval as an Authorized Reseller does not by itself make you a Distributor. Each status requires its own approval or signed agreement.

3. Additional Terms and order of precedence

The following are part of this agreement and are incorporated by reference: the Privacy Policy, the Mobile Message Terms in Section 30, and, for approved commercial accounts, the LightStim Authorized Reseller Policy, which is provided at account approval. The Limited Warranty (Section 21), Returns (Sections 19 and 20), and shipping terms (Section 17) are set out in these Terms directly.

If these documents conflict, the following order controls, from highest to lowest:

•     A written agreement signed by an authorized officer of LightStim (for example, a distribution, dealer, installation, or service agreement).

•     An accepted LightStim quote or order-specific terms, including LED Bed quotes and installation checklists.

•     These Terms.

•     The Additional Terms listed above.

Preprinted or standard terms on a purchase order, vendor portal, acknowledgment, or similar document issued by a buyer do not apply and are rejected, even if LightStim accepts the order or ships against it, unless an authorized LightStim officer signs a document expressly accepting them.

4. Acceptance, changes, and effective date

We display the effective date and version number at the top of this page. We may update these Terms as our products, services, and legal obligations change. Changes apply going forward from their effective date and do not change the terms that applied to an order we already accepted. For material changes we will provide reasonable advance notice by posting on the Site and, where we have your address, by email to account holders.

When you place an order or create an account, you accept the version of these Terms in effect at that moment. We retain a record of the version accepted with each order and account.

These Terms take effect on the date shown above and replace the separate Terms & Conditions previously published on LightStim.com and LightStimPro.com. Orders accepted before that date remain governed by the terms in effect when we accepted them. Signed distribution, dealer, installation, and service agreements remain in force according to their own terms.

5. Eligibility, accounts, and professional approval

You must be at least 18 years old, or the age of majority where you live, to purchase from the Site. If you are purchasing on behalf of a business, practice, or other organization, you represent that you are authorized to bind that organization to these Terms, and "you" means both you and that organization.

You are responsible for keeping your account credentials confidential and for activity under your account. Notify us promptly at support@lightstim.com if you believe your account has been used without your permission. Keep your account information accurate and current.

Professional pricing, drop ship privileges, education and certification content, and resale authorization are available only to accounts LightStim has approved. Applicants must provide accurate business information, credentials, and tax documentation. We may verify and re-verify business information, licensure or certification where relevant to the product, facility details, tax status, and intended use. Approval is revocable. Approval is not an endorsement of your clinical judgment, training, or services, and it does not make LightStim a party to the services you provide. Do not share professional account credentials outside your approved business.

6. Manufacturer, patents, and intellectual property

Manufacturer

LightStim devices are manufactured by LED Intellectual Properties, LLC, 16552 Von Karman Ave, Irvine, CA 92606 USA, and sold by Medical Light Devices, Inc. dba LightStim.

Patents

LightStim products are protected by one or more of the following United States patents:

•     LED therapy bed: U.S. Patent Nos. 9,913,994; 10,363,434; and 11,478,657.

•     Handheld and panel devices: U.S. Patent Nos. 8,938,295; 9,079,022; and 10,286,225.

Additional U.S. and foreign patents may apply. Not all patents apply to every product.

Site content and product images

Unless otherwise stated, all content displayed on or made available through the Site, including product photographs, lifestyle photographs, graphics, videos, illustrations, logos, product descriptions, written copy, page designs, and downloadable materials, is owned by or licensed to LightStim and is protected by applicable copyright, trademark, and other intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site to evaluate, purchase, operate, or, if you are approved, resell genuine LightStim products. All other rights are reserved. LightStim content may not be copied, reproduced, republished, modified, displayed, distributed, scraped, captured by screenshot, or used for any commercial purpose without authorization.

Purchasing or reselling a LightStim product does not grant permission to use LightStim photographs, marketing materials, trademarks, or other intellectual property. Copying LightStim content from the Site, an authorized retailer's website, social media, advertisements, catalogs, or any other source does not create any right or license to use that content.

Approved professional accounts, Authorized Resellers, and Distributors may use marketing materials that LightStim makes available to them or specifically approves. That authorization is limited to promoting and selling genuine LightStim products while the account remains approved, and it ends immediately when the account or authorization ends. The materials may not be transferred to or used by unauthorized resellers or other third parties.

LightStim reserves the right to require immediate removal of unauthorized content and to pursue available remedies, including copyright and trademark claims, platform complaints, and Digital Millennium Copyright Act takedown notices. To report content you believe infringes your rights, contact support@lightstim.com, attention LightStim Legal Department, with the information required under 17 U.S.C. § 512(c)(3). We may remove material and terminate accounts of repeat infringers.

Education and certification content

Materials provided through LightStim Education and Certification are for approved LightStim professionals and their staff only. No part may be reproduced, recorded, transmitted, sublicensed, or shared without prior written consent. Access ends when the professional account ends.

7. Prohibited uses

You agree not to:

•     Use the Site for any unlawful purpose or in violation of these Terms.

•     Introduce malware, attempt unauthorized access to any account or system, probe or test the vulnerability of the Site, or circumvent any access control or security measure.

•     Scrape, data mine, crawl, harvest, or use automated tools to extract content, pricing, or account data, except for search engine indexing we permit.

•     Reverse engineer, decompile, or disassemble any software made available through the Site.

•     Share account credentials, impersonate another person or business, or misrepresent your affiliation with LightStim.

•     Place orders using false information, stolen payment credentials, or for the purpose of diversion or unauthorized resale.

•     Interfere with the operation of the Site or with other users' access to it.

Nothing in this section limits your right to repair, service, or resell a product where applicable law gives you that right.

8. Reviews, testimonials, and user submissions

If you submit a review, testimonial, photograph, video, comment, or other content to the Site, you grant LightStim a non-exclusive, royalty-free, worldwide, perpetual license to host, store, reproduce, display, edit for format and length, and use that content in LightStim marketing, including in paid advertising and on LightStim channels. You keep ownership of what you submit. We may decline to post, or may remove, any submission.

You represent that content you submit is truthful, reflects your actual experience with the product, is your own or you have the right to submit it, and that you have permission from anyone identifiable in a photograph or video. Do not submit content that infringes anyone's rights, includes another person's health information, or makes claims about LightStim products beyond your own experience.

If you have any material connection to LightStim — you are an employee, a contractor, an approved professional account, an affiliate, or you received a free or discounted product, payment, or any other incentive — you must clearly and conspicuously disclose that connection in the review or post itself. This applies wherever you post, including third-party retail sites and social platforms.

LightStim may commission and pay for content from creators and partners, which we use as advertising and which is always disclosed as a paid or sponsored partnership. LightStim does not pay for reviews. We do not compensate anyone for posting a review on the Site, on a retail listing, or on a review platform; we do not condition any payment, product, or benefit on a positive review or a particular rating; and we do not suppress, alter, or remove reviews because they are unfavorable. We remove reviews only where they are unlawful, fraudulent, off-topic, abusive, or otherwise violate these Terms.

9. Product information, labeling, and safe use

We work to present accurate product information. Site content, including descriptions, images, and educational material, is general information. The current product label, IFU, warnings, contraindications, and documentation supplied with the device control safe and proper use. If Site content and the IFU differ, follow the IFU. Nothing on the Site expands the intended use, indications, or claims for any LightStim device beyond what its current labeling states.

Read and follow the IFU before using any LightStim device, and follow it every time. This includes instructions on treatment times and frequency, eye protection, skin conditions and contraindications, medications and photosensitivity, cleaning and disinfection, charging and electrical safety, cable and power supply handling, and maintenance. Use only the power supply, accessories, and replacement parts that LightStim supplies or approves for that device.

Professional Customers must additionally ensure that every person operating a device has been trained on it, that clients are screened and consented as required by the IFU and applicable professional practice rules, that operation stays within the operator's lawful scope of practice and any supervision requirements, and that infection control and device maintenance are performed. LightStim training is a product training resource. It does not license anyone, does not replace professional judgment, and does not satisfy any licensing, continuing education, or scope of practice requirement that applies to you.

Product photographs are our best effort at accurate representation. Colors and detail vary with monitor and device display capabilities, and we cannot guarantee that what you see on screen matches the product exactly.

10. Site content is not medical advice

Information on the Site, including articles, protocols, before and after imagery, and educational material, is general and is not medical advice, diagnosis, or treatment for any individual. It is not a substitute for consultation with a qualified healthcare professional. Talk to your physician or another qualified professional about your own situation, particularly if you have a skin or eye condition, are pregnant, take photosensitizing medication, or have an implanted device.

If you are having a medical emergency, call 911 or your local emergency number. Do not rely on the Site.

11. Reporting injury, malfunction, or a product quality issue

If you experience or observe a suspected injury, burn, adverse skin or eye reaction, electrical fault, overheating, device malfunction, or any product quality problem, stop using the device and report it to us promptly. Email support@lightstim.com or text (949) 502-4088, describe the issue, and include photographs or video showing the problem where you can.

Please keep the device, power supply, accessories, and packaging, along with photographs and any relevant records, and do not discard or repair them until we have had a reasonable opportunity to evaluate the issue. We may ask for information, photographs, or return of the product for evaluation.

Reporting to LightStim is in addition to, and never in place of, your right to seek medical care or to report to a regulator. LightStim remains responsible for its own complaint handling and regulatory reporting obligations, and nothing in these Terms transfers those obligations to you.

12. Recalls and corrective actions

If LightStim issues a recall, field correction, safety notice, or advisory, we ask all customers to follow the instructions in that notice. For Consumer Customers, cooperation is voluntary, and we will not charge you for participating.

Professional Customers, Authorized Resellers, and Distributors must, in addition: keep current contact information on file with LightStim; maintain records sufficient to identify which devices went to which customer or facility; stop selling or using affected units when instructed; quarantine affected units; pass notices to their own customers promptly; and cooperate reasonably with the recall or correction. Nothing in this section restricts anyone from communicating with FDA or any other regulator at any time.

13. Modification, repair, serial numbers, and maintenance

Do not modify a LightStim device, open its housing, have it repaired by anyone other than LightStim or a LightStim-authorized service provider, use unapproved power supplies or accessories, or remove, alter, or obscure serial numbers, lot or batch numbers, or labels. Perform any maintenance the IFU requires.

Doing any of these things may void warranty coverage for the affected device, may make a unit ineligible for service, and may affect professional account status. It does not, by itself, waive any right you have that cannot be waived under applicable law.

14. Unauthorized sellers

LightStim products purchased secondhand or through unauthorized sellers, resellers, marketplaces, online auction sites, liquidation sources, or other unauthorized channels are not covered by the LightStim manufacturer warranty, and LightStim does not provide warranty service, technical support, or returns for them. Any warranty offered by an unauthorized seller is solely that seller's responsibility.

We take this position because we cannot verify the authenticity, storage conditions, prior use, modification history, or chain of custody of a unit that did not move through an authorized channel. If you believe you have received a counterfeit, diverted, or tampered LightStim product, report it to support@lightstim.com so we can investigate.

15. Orders and order acceptance

Your order is an offer to buy. Our automatic confirmation email acknowledges that we received it; it is not acceptance. A contract is formed when we accept the order, which we do by shipping it or by sending an express acceptance.

We may accept, decline, limit, or cancel any order, in whole or in part, including after a confirmation email, for reasons including product availability, a pricing or description error, suspected fraud or payment irregularity, suspected diversion or unauthorized resale, failure to meet eligibility for a professional or promotional price, quantity limits, or legal or safety reasons. If we cancel an order after charging you, we will refund the amount charged for the cancelled portion.

16. Pricing, taxes, and payment

Prices on the Site are in U.S. dollars and are valid only in U.S. currency. We may change prices at any time without prior notice. Prices listed are valid at the time of purchase only. Please review pricing before completing your purchase. Any mandatory fee that applies to an order is included in the price displayed before checkout, other than shipping and taxes, which are shown separately. The shipping charge shown at checkout is the total shipping charge for the order; we do not add a separate handling or processing fee.

Sales tax is calculated from the ship-to and bill-to addresses and is added automatically. LightStim retail products purchased for resale may be eligible for tax exemption; a resale application must be submitted and approved before ordering. We do not retroactively refund tax on previous orders.

Payment methods

We accept Visa, Mastercard, American Express, and Discover, and depending on the order and account type we may also offer Shop Pay, Afterpay, Truemed for eligible HSA and FSA purchases, Credit Key for approved business accounts, and ACH bank payment for approved business accounts. Available methods are shown at checkout and may change. Some methods are provided by third parties under their own terms and eligibility rules, including any HSA or FSA eligibility determination, which is between you, the provider, and your plan administrator.

By submitting payment information, you authorize us and our payment processors to charge the total shown, including any authorization or reauthorization needed to complete the transaction, and you confirm you are authorized to use that payment method.

ACH bank payment (business accounts)

ACH is available to approved business accounts paying from a United States bank account. ACH is not an instant payment method. After you authorize the payment, the order remains pending and does not ship until the payment confirms, which typically takes up to four business days. If an ACH payment fails or is later reversed, the order may be cancelled or held and any shipped goods remain payable.

Credit terms

Professional Customers, Authorized Resellers, and Distributors pay at the time of order unless LightStim has approved credit terms in writing. Where approved, invoices are due on the stated terms. We may suspend shipments, revoke credit terms, or require prepayment on past due accounts, and may recover reasonable collection costs to the extent permitted by law.

17. Shipping, delivery, and promotions

Shipping timeframes shown on the Site are estimates, not guarantees. You are responsible for providing an accurate, deliverable shipping address. Please inspect shipments on arrival.

If your shipment arrives damaged, notify us within 14 days of receipt by emailing support@lightstim.com or texting (949) 502-4088 with a description of the damage and photographs or video of the product and packaging. We will arrange replacement on receipt of the damaged unit. We do not cover your shipping costs for returned devices that were damaged in shipping.

We make every effort to keep listed products available. Occasionally production backlogs or parts availability outside our control delay fulfillment. For professional orders, if any item is on backorder the order will not ship until all items are in stock, unless you ask us to split the shipment.

Promotions, discounts, and introductory offers

Unless we state otherwise, sales, discounts, and coupon codes:

•     Are not valid on previous purchases.

•     Cannot be combined with other offers.

•     Are limited to the customer class they are issued for. Consumer promotions do not apply to professional, wholesale, drop ship, or distributor orders, and professional promotions do not apply to consumer retail orders.

•     Are subject to any stated dates, products, quantities, and geographies.

Free shipping promotions apply only to orders shipped within the continental United States and exclude Alaska, Hawaii, and Puerto Rico. LightStim LED Bed Core and LightStim LED Bed Pro are excluded from free shipping promotions.

Unless an offer states otherwise, introductory offers such as a percentage off a first device or first purchase apply to consumer retail orders only, are available only to new customers on their first LightStim device purchase, and cannot be combined with other offers. LightStim Elipsa, ProPanel, LED Bed Core, and LED Bed Pro are excluded from introductory offers, and affiliate codes do not apply to LED Bed Core or LED Bed Pro. Professional and wholesale promotions are subject to the specific terms stated in the offer.

We may cancel or correct an order where a promotion has been misused, stacked without authorization, or applied outside its stated eligibility.

18. International orders

Contact us for information about placing an international order. For international orders, the customer is responsible for customs charges and any country or state taxes. International shipments may be subject to longer processing times and additional shipping costs. LightStim's responsibility for international orders is limited to the original invoiced value of the product. We do not cover third-party costs, including VAT, customs duties, or international shipping fees related to returns or exchanges. Customers are encouraged to confirm order details prior to shipment.

You are responsible for confirming that the product may lawfully be imported into and used in your country and for complying with local requirements. We may decline to ship to certain destinations. Where a LightStim distributor is appointed for your country, purchases and support may be directed to that distributor.

19. Consumer returns

This section applies to Consumer Customers only.

Devices purchased from the Site for personal use, excluding LightStim LED Bed Core and LightStim LED Bed Pro, are eligible for return within 30 days of the original purchase date. Skin care products do not qualify for return. The 90-Day Satisfaction Guarantee program ended on June 1, 2022 and is not offered on new purchases. If you purchased from a third-party retailer, contact that retailer for its return policy.

To return a device, contact support@lightstim.com for a return authorization number. Returns sent without a return authorization number take longer to process. A copy of your invoice or receipt must accompany the return, and all original packaging materials and accessories must be included.

A restocking fee of 15% may apply if items are missing from the return or if the device shows signs of use. Once we receive the return, allow up to two weeks for processing and posting of the refund, or three to four weeks for returns sent without authorization.

Nothing in this section limits rights you have under applicable consumer protection law or under the Limited Warranty.

20. Professional, wholesale, and drop ship returns

This section applies to Professional Customers, Authorized Resellers, and Distributors.

Professional and wholesale purchases, including drop ship bundles and retail inventory products, are final sale and are not eligible for return or for any satisfaction guarantee.

Final sale does not limit any of the following:

•     Remedies under the Limited Warranty.

•     Correction of a LightStim shipping, picking, or invoicing error.

•     Replacement of product damaged in transit, reported within 14 days of receipt.

•     Return or replacement required by a recall or field correction.

•     Any right that cannot be waived under applicable law.

For LED Beds and other quoted equipment, deposit, cancellation, custom build, restocking, and change order terms are stated in the quote and control over this section.

21. Limited Warranty

LightStim provides a two-year limited repair or replacement warranty on LightStim devices, including LightStim for Wrinkles, LightStim for Acne, Recovery Loop, Elipsa, ProPanel, LED Bed Core, and LED Bed Pro. The warranty period begins on the original purchase date and applies only to the original purchaser of a product purchased directly from LightStim or an authorized LightStim retailer or distributor. Valid proof of purchase is required, and the warranty is not transferable.

Discontinued products are covered by the warranty terms stated in the IFU supplied with that product at the time of purchase. Where a discontinued product was sold with a longer warranty period, that longer period continues to apply to units already sold. These Terms do not shorten the warranty on any product already purchased.

Products purchased secondhand or through unauthorized sellers, resellers, marketplaces, liquidation sources, or other unauthorized channels are not covered.

This limited warranty covers defects in materials and workmanship under normal use, including defects in the original power supply or transformer. It does not cover normal wear or cosmetic damage; misuse, abuse, neglect, accidents, improper storage, or liquid damage; unauthorized repairs, modifications, accessories, or power supplies; incorrect voltage or electrical current; shipping damage; altered or missing serial, lot, or batch numbers; or conditions beyond LightStim's reasonable control. If an eligible product is determined to be defective during the warranty period, LightStim may repair it or replace it with the same or a comparable product.

To request warranty service, contact support@lightstim.com or text (949) 502-4088 with valid proof of purchase, the product serial number or lot or batch number, a description of the issue, and photographs or video showing the problem where you can. LightStim may require troubleshooting or return of the product for evaluation. Do not return a product without prior authorization. Customers are responsible for shipping products to LightStim, and international customers are also responsible for return shipping and any applicable customs duties, taxes, or import charges, unless otherwise required by applicable law.

This limited warranty gives you specific legal rights, and you may have other rights that vary by state or country. The disclaimers in Section 31 apply to the Site and Site content. They do not modify, reduce, or disclaim this written Limited Warranty or any implied warranty that cannot be disclaimed under applicable law.

22. Professional accounts and operator responsibility

Sections 22 through 27 apply to Professional Customers, Authorized Resellers, and Distributors only.

Professional pricing and professional education exist to support businesses that use LightStim devices in their own facilities on their own clients. By ordering at professional pricing, you confirm that you are ordering for that purpose, that your business and personnel hold whatever licenses or certifications your jurisdiction requires for the services you provide, and that you will operate the devices as described in Section 9.

You are solely responsible for the services you provide, for the clinical decisions you make, for client screening and consent, and for compliance with the laws and professional rules that apply to your practice. LightStim does not supervise, license, endorse, or take responsibility for your services.

23. LED Beds and installed systems

LED Beds are available to both consumer and professional customers. Standard shipping charges are calculated and shown at checkout. Because LED Beds ship by freight, some deliveries require services beyond standard curbside delivery. If we determine that your delivery requires additional personnel, stair or elevator carry, restricted or remote access, a liftgate, or other special handling, we will quote the additional charge and obtain your approval before shipping. You may cancel the order for a full refund rather than accept the surcharge.

You are responsible for confirming before delivery that:

•     The delivery route and doorways can accommodate the crated dimensions.

•     The room meets the space, ceiling height, flooring, and environmental conditions stated in the product documentation.

•     The required electrical service, circuit, voltage, and outlet placement are in place.

•     Any permits or landlord approvals have been obtained.

•     Someone will be present to receive and inspect the shipment on the scheduled date.

Where delivery or installation cannot proceed because the site is not ready or no one is available to receive, storage, redelivery, and rescheduling charges may apply. Where a quote, site readiness checklist, or installation or service agreement applies to your order, that document controls the matters it addresses, including deposits, cancellation, custom configuration, freight terms, installation, acceptance, and service. Relocating an installed system, or having it serviced by anyone other than LightStim or an authorized service provider, may affect warranty coverage.

24. Authorized resale and drop ship

Buying at professional pricing does not grant resale rights. Resale of LightStim products requires separate written authorization. Authorized Resellers must comply with the LightStim Authorized Reseller Policy, which is provided and accepted at account approval and forms part of these Terms for approved accounts.

Unless LightStim approves otherwise in writing, Authorized Resellers may sell only:

•     Through the physical locations and the specific websites or accounts LightStim has approved in writing.

•     To end users, not to other resellers, brokers, exporters, or liquidators.

•     Within the approved territory, without transshipment outside it.

Sales through Amazon, eBay, Walmart Marketplace, other third-party marketplaces, social commerce storefronts, auction or liquidation channels, or third-party fulfillment arrangements are prohibited without prior written approval. Do not remove, obscure, or alter serial numbers, lot or batch numbers, labels, or packaging.

Where LightStim approves drop ship privileges, the reseller is responsible for its own customer relationship, including order accuracy, approved product presentation and pricing display, fraud screening, customer communication, sales tax, and first-line customer service. LightStim ships to the end customer on the terms stated in the Drop Ship Program materials. Warranty claims are administered by LightStim under Section 21. LightStim may suspend drop ship privileges at any time.

25. Marketing claims and approved materials

When you promote LightStim products, use only claims, descriptions, indications, and protocols consistent with the current IFU for that product and with materials LightStim has provided or approved. Do not add or imply disease treatment, cure, weight loss, insurance reimbursement, performance, or comparative claims beyond the IFU. Do not alter, omit, or minimize warnings, contraindications, or precautions. Do not modify LightStim materials in a way that changes the meaning of an approved claim.

Comply with applicable advertising, endorsement, professional practice, privacy, and medical device laws, including the disclosure requirements in Section 8. Remove outdated or superseded materials promptly when we ask. Do not register or use domain names, social handles, or paid search identities that incorporate LightStim trademarks or confusingly similar terms.

26. Records, traceability, and cooperation

Maintain accurate records of LightStim products you purchase and sell or place into service, sufficient to identify the serial number or lot or batch number of each device and the customer or facility that received it, along with training, service, and complaint records, for at least five years or the period required by applicable law, whichever is longer.

Provide relevant records to LightStim on reasonable request in connection with a warranty claim, a safety or quality investigation, a recall or field correction, or a suspected diversion or counterfeit issue. Requests will be limited to what is needed for that purpose. Do not provide client or patient health records; LightStim does not need them and does not want them. Handle personal data in your records in accordance with applicable privacy law.

27. Confidentiality, suspension, and termination

Non-public information LightStim shares with commercial accounts — including wholesale and distributor pricing, unreleased product and launch information, technical materials, forecasts, training content, and account credentials — is confidential. Use it only to sell and support LightStim products, protect it as you would your own confidential information, and do not disclose it to third parties. This does not apply to information that is or becomes public without your breach, that you already had without a duty of confidence, that you independently develop, or that you rightfully receive from a third party. You may disclose where required by law or by a regulator.

LightStim may suspend or terminate professional pricing, education access, drop ship privileges, reseller authorization, or an account for non-payment, safety concerns, diversion or unauthorized channel activity, unapproved or unlawful claims, credential misuse, providing false information, or material breach of these Terms. Where circumstances allow, we will describe the issue and give a reasonable opportunity to cure. We may act immediately without a cure period where there is a safety, fraud, diversion, or intellectual property concern.

On termination, all rights to use LightStim trademarks, images, and marketing and education materials end immediately, and you must stop using them and remove them from your channels. Payment for products already delivered, confidentiality, records and recall cooperation, and intellectual property restrictions survive. Ending a commercial account does not cancel warranty coverage or safety support for devices already sold to end customers.

28. Privacy, cookies, and tracking

Our Privacy Policy explains what personal information we collect, how we use and share it, and the choices and rights available to you, including rights under California law and other state privacy laws. It is part of these Terms.

The Site uses cookies, pixels, tags, and similar technologies, some operated by third parties for analytics and advertising. You can manage these through our cookie preference tool and, where supported, through a browser-level opt-out preference signal, which we honor.

Some information you choose to share with us — for example, information about a skin condition when you contact support or content you include in a review — may be treated as consumer health data under certain state laws. We use that information to respond to you and to support the product, we do not sell it, and we do not share it with advertising partners. LightStim is not a HIPAA covered entity, and information you share with us is not protected health information under HIPAA. You may ask us to delete information you have shared by contacting support@lightstim.com.

29. Third-party sites, tools, and services

The Site links to and integrates third-party services, including payment processing, financing, analytics, customer messaging, and social platforms. Those services are governed by their own terms and privacy policies, and we do not control them. If you follow a link away from the Site, you leave our control.

30. Mobile messaging

The LightStim mobile message service (the "Service") is operated by LightStim. Your use of the Service constitutes your agreement to these terms ("Mobile Terms"). We may modify or cancel the Service or any feature without notice, and we may modify these Mobile Terms at any time; continued use after the effective date of a change constitutes acceptance.

We do not charge for the Service, but you are responsible for all charges and fees your wireless provider imposes for text messaging. Message and data rates may apply. Message frequency varies.

Messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you opt in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers, such as cart reminders. If you provide your phone number when registering a professional account, you agree to receive SMS about customer support, order updates, and account matters; these are transactional and separate from marketing consent.

To stop receiving messages, reply STOP to the message you received. You will receive a one-time opt-out confirmation. LightStim operates more than one messaging program and may send from more than one number, so replying STOP to a specific message stops that program; if you subscribe to other LightStim programs, opt out of each separately. You can also reply HELP for support. If you continue receiving messages after opting out, email support@lightstim.com and we will resolve it.

We may change any short code or number we use and will notify you. Messages you send to a number we have changed, including STOP or HELP requests, may not be received. Wireless carriers are not liable for delayed or undelivered messages. Provide us a valid mobile number and tell us promptly if it changes. You agree to indemnify us against third-party claims arising from your use of the Service or from providing a phone number that is not your own, and you agree we are not liable for failed, delayed, or misdirected delivery, for errors in information sent, or for any action you take or do not take in reliance on it.

31. Site disclaimers

The Site and its content are provided on an "as is" and "as available" basis. We do not warrant that the Site will operate without interruption or error, that defects will be corrected, or that the Site or its servers are free of viruses or other harmful components. You are responsible for any costs associated with servicing equipment you use to access the Site. Your access is at your own risk.

We work to keep Site information accurate but cannot guarantee that every description, image, price, or availability statement is free of error, and we may correct errors and update product information at any time. Products and prices shown on a previous visit may not be available on a later one.

These disclaimers apply to the Site and Site content. They do not apply to, modify, or disclaim the written Limited Warranty in Section 21; the accuracy of current product labeling, IFU, warnings, or contraindications; any implied warranty that cannot be disclaimed under applicable law; or any right you have that cannot be waived. To the extent any implied warranty cannot be disclaimed, it is limited in duration to the applicable Limited Warranty period, where that limitation is permitted by law.

32. Limitation of liability

Please read this section carefully. It limits what LightStim can be required to pay you.

Excluded damages

To the fullest extent permitted by law, and regardless of the legal theory asserted — whether contract, warranty, negligence, strict liability, misrepresentation, or otherwise — LightStim is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any of the following, even if we have been advised of the possibility:

•     Lost profits, lost revenue, or lost sales.

•     Loss of use, downtime, or unavailability of a device.

•     Business interruption, cancelled or rescheduled appointments, lost bookings, or refunded client deposits.

•     Cost of substitute or rental equipment, or the cost of obtaining substitute services.

•     Lost or corrupted data, or loss of goodwill or business reputation.

•     Claims made against you by your own clients, patients, or customers.

Professional Customers, Authorized Resellers, and Distributors acknowledge that equipment can require service or become temporarily unavailable in the ordinary course of business, that this is a normal commercial risk of operating a facility, and that they are responsible for maintaining their own contingency, scheduling, and insurance arrangements to address it.

Maximum liability

To the fullest extent permitted by law, LightStim's total liability arising out of or relating to the Site, these Terms, or any product purchased through the Site will not exceed the amount you paid to LightStim for the product giving rise to the claim.

What these limits do not cover

These limits do not apply to, and nothing in these Terms limits:

•     Death or personal injury to the extent liability for it cannot be limited under applicable law.

•     Fraud, fraudulent misrepresentation, or willful misconduct.

•     Liability arising from a violation of law.

•     Our obligations under the Limited Warranty in Section 21.

•     Amounts owed to you as a refund for an order we cancelled or a return we accepted.

•     Any liability or right that cannot be limited or waived under applicable law, including under California Civil Code section 1668.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. In that case, our liability is limited to the greatest extent permitted by law.

33. Indemnification

If you are a Consumer Customer, you agree to indemnify and hold LightStim harmless from third-party claims arising from your unlawful use of the Site or a product, your infringement of another person's rights, your fraud, or your material breach of these Terms, to the extent permitted by law. This does not extend to claims arising from a product defect or from LightStim's own acts or omissions.

If you are a Professional Customer, Authorized Reseller, or Distributor, you agree to defend, indemnify, and hold harmless LightStim and its officers, employees, and agents from third-party claims, damages, and reasonable costs arising from: the services you provide and the acts or omissions of your personnel; operation of a device contrary to the IFU or outside your lawful scope of practice; claims, advertising, or representations you make that LightStim has not approved; your unauthorized resale, diversion, or channel activity; your handling of client or patient personal data; and your breach of these Terms. This does not extend to claims to the extent they arise from a defect in a LightStim product or from LightStim's own acts or omissions.

34. Insurance

This section applies to Professional Customers, Authorized Resellers, and Distributors only.

Maintain commercially reasonable general liability and, where applicable to your activities, professional liability and product liability insurance, and provide a certificate of insurance on reasonable request. Required coverage types and minimum limits, where LightStim sets them, are stated in your account program terms or signed agreement.

35. Force majeure

Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including natural disasters, fire, epidemic, war, civil unrest, government action, labor disruption, carrier or utility failure, supplier or component shortage, and cyber incidents. The affected party will notify the other and use reasonable efforts to mitigate and resume performance. This section does not excuse payment already due, confidentiality obligations, safety notices, recall obligations, or refunds required by law or by these Terms.

36. Nothing here restricts safety or legal reporting

Nothing in these Terms — including the confidentiality, dispute resolution, and marketing provisions — prevents or discourages any customer, professional, reseller, employee, or other person from reporting a safety, quality, or legal concern to FDA or any other regulator, to law enforcement, to an insurer, or to a healthcare provider, or from participating in any government investigation.

37. Resolving disputes

Most issues are resolved quickly by contacting us. Before starting a formal proceeding, please send written notice to support@lightstim.com, attention LightStim Legal Department, or by mail to the address in Section 40, describing the issue, the order number or device serial number, what you want, and the information supporting your position. We will do the same before starting a proceeding against you. Both of us agree to work in good faith to resolve the matter for 60 days from the date the notice is received.

This step does not apply to, and does not delay: a request for urgent injunctive relief; a claim in small claims court; a claim about intellectual property misuse; a safety report to a regulator; or a payment dispute you raise with your card issuer or bank. It does not extend or shorten any deadline that applies to your claim.

If the informal process does not resolve the dispute, either of us may bring the matter in the state or federal courts located in Orange County, California, and both of us consent to the personal jurisdiction of those courts. Nothing in this paragraph limits a Consumer Customer's right to bring a claim in a venue that applicable law makes available to them, or to bring a qualifying claim in small claims court.

38. Governing law

These Terms and any dispute arising out of them or your use of the Site are governed by the laws of the State of California, without regard to its conflict of laws rules, and by applicable federal law. If you are a consumer residing outside California, this choice of law does not deprive you of the protection of mandatory consumer protection rules of the place where you live. The United Nations Convention on Contracts for the International Sale of Goods does not apply. A signed distribution or dealer agreement may specify different governing law and venue, and where it does, that agreement controls for disputes under it.

39. General provisions

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets. These Terms, together with the Additional Terms and any signed agreement or accepted quote, are the entire agreement between us on their subject matter and replace prior understandings on that subject. Headings are for convenience only.

Provisions that by their nature should survive termination do survive, including those relating to intellectual property, safety and quality reporting, recall cooperation, records and traceability, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

40. How to reach us

Email support@lightstim.com or call or text (949) 502-4088. Please tell us what your message is about so we can route it quickly:

•     Orders, shipping, returns, and general customer service.

•     Professional accounts and wholesale (you can also reach us at professional@lightstim.com).

•     Warranty claims and repairs — include proof of purchase, serial or lot number, and photos or video.

•     Safety, injury, or device malfunction reports — mark these "SAFETY REPORT" in the subject line.

•     Counterfeit, unauthorized seller, and brand protection reports.

•     Privacy requests and personal data requests.

•     Copyright and DMCA notices, and formal legal notices — mark these "Attn: LightStim Legal Department."

Formal legal notices to LightStim must also be sent in writing to: Medical Light Devices, Inc. dba LightStim, 16552 Von Karman Ave, Irvine, CA 92606. We may send you notices by email to the address on your account, by message in your account, or by posting on the Site.

41. California and product notices

California consumer notice

Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Proposition 65

Certain products may be accompanied by a California Proposition 65 warning. Where a warning applies to a product, it appears on that product's page on the Site and in the documentation supplied with the product. For more information, go to www.P65Warnings.ca.gov. Resellers and distributors must not remove, obscure, or alter any Proposition 65 warning supplied with a product.

Accessibility

LightStim is committed to making the Site accessible and usable for everyone, including people with disabilities. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and we review the Site on an ongoing basis as content and technology change.

If you have difficulty accessing any part of the Site, or if there is information, a product, or a transaction you are unable to complete, please contact us at support@lightstim.com or call or text (949) 502-4088 and describe the difficulty and the page involved. We will respond promptly, work with you to provide what you need through an alternative method, and use your report to improve the Site. We welcome feedback on accessibility and treat it as a priority.