Terms of Service

1. Introduction

Welcome to the NXTSTIM Provider Portal ("Portal"), operated by NXTSTIM, Inc. ("NXTSTIM," "we," "our," or "us").

These Terms of Use ("Terms") govern your access to and use of the Portal and associated services that enable healthcare providers, authorized clinic staff, and business partners ("Providers," "you," or "your") to access patient data, manage device configurations, and support clinical decision-making.

By accessing or using the Portal, you agree to comply with and be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you must not access or use the Portal.

2. Scope of Services

The NXTSTIM Provider Portal is designed to:

• Facilitate secure access to patient information collected through NXTSTIM devices and mobile applications.
• Support authorized Providers in monitoring, analyzing, and managing therapeutic data.
• Provide administrative and reporting tools to assist in patient care and operational oversight.

Access to the Portal is provided solely for legitimate healthcare, administrative, and operational purposes in accordance with applicable privacy and security regulations, including the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

3. Authorization and User Accounts

• Access to the Portal is restricted to authorized Providers and their designated staff as approved by the Covered Entity and NXTSTIM.
• Users must maintain the confidentiality of their login credentials and are responsible for all activities conducted under their accounts.
• You agree to notify NXTSTIM immediately of any unauthorized access, suspected compromise, or misuse of your account.
• NXTSTIM reserves the right to suspend or terminate access for any user violating these Terms or applicable laws.

4. Compliance with Laws and Regulations

You agree to comply with all applicable federal, state, and local laws, including but not limited to:

• HIPAA Privacy, Security, and Breach Notification Rules;
• The Health Information Technology for Economic and Clinical Health (HITECH) Act;
• Other applicable U.S. healthcare and data protection laws.

You acknowledge that you are solely responsible for ensuring that your use of the Portal complies with your organization's internal compliance policies, procedures, and contractual obligations.

5. Data Ownership and Responsibilities

• All Protected Health Information (PHI) accessible through the Portal remains the property of the respective Covered Entity.
• NXTSTIM acts solely as a Business Associate, processing PHI on behalf of and at the direction of Covered Entities under applicable Business Associate Agreements (BAAs).
• Providers are responsible for ensuring that access to PHI through the Portal is limited to authorized users and consistent with the minimum necessary standard under HIPAA.

6. Security and Confidentiality

NXTSTIM implements industry-standard administrative, physical, and technical safeguards to protect PHI, consistent with HIPAA and NIST security principles.

Users agree to:

• Access PHI only for authorized healthcare operations.
• Maintain the confidentiality and integrity of PHI viewed or downloaded.
• Not transmit, copy, or disclose PHI outside the Portal except as permitted by applicable law and the BAA.

7. Acceptable Use

Users agree not to:

• Attempt to gain unauthorized access to any portion of the Portal or its systems.
• Use the Portal for any unlawful, fraudulent, or malicious purpose.
• Modify, reverse-engineer, or create derivative works of any software or data provided through the Portal.
• Introduce viruses, malware, or any other code intended to disrupt or damage NXTSTIM's systems.

Violation of this section may result in immediate termination of access and potential legal action.

8. Intellectual Property

All content, software, and technology underlying the Portal are the property of NXTSTIM or its licensors and are protected under applicable U.S. and international intellectual property laws.

Use of the Portal grants you no ownership rights or licenses except as expressly stated in these Terms.

9. Service Availability and Modifications

NXTSTIM strives to maintain continuous service availability but does not guarantee that the Portal will be error-free or uninterrupted.

We may modify, update, suspend, or discontinue the Portal (in whole or part) at any time, with or without prior notice, to ensure security, compliance, or operational improvements.

10. Disclaimers and Limitation of Liability

• The Portal is provided "as is" and "as available", without warranties of any kind, express or implied.
• NXTSTIM does not provide medical advice. All clinical decisions remain the responsibility of the Provider.
• To the maximum extent permitted by law, NXTSTIM disclaims liability for any indirect, incidental, consequential, or punitive damages arising from or related to the use or inability to use the Portal.

11. Indemnification

You agree to indemnify and hold harmless NXTSTIM, its affiliates, officers, employees, and agents from any claims, damages, losses, or liabilities arising from:

• Your misuse of the Portal;
• Your violation of these Terms;
• Your breach of any applicable law or regulation.

12. Termination

NXTSTIM may suspend or terminate your access to the Portal immediately, with or without notice, if:

• You breach these Terms;
• Your affiliation with a Covered Entity terminates;
• Required by law or security necessity.

Upon termination, all rights granted under these Terms shall cease, and you must discontinue use of the Portal.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, and more broadly, the laws of the United States, without regard to conflict-of-law principles.

Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in California, USA.

14. Amendments

NXTSTIM reserves the right to amend or update these Terms at any time. Updated versions will be posted within the Portal and will take effect upon publication. Continued use of the Portal constitutes acceptance of the revised Terms.

15. Contact Information

For questions, concerns, or reporting issues related to these Terms or the Provider Portal, please contact: