Terms of Service

1. Agreement and Acceptance

1.1 These Terms of Service (the “Terms”) govern your access to and use of the DevicePath Network website, directories, listings, accounts, dashboards, professional profiles, company affiliations, introduction requests, notifications, search and inquiry features, and related services (collectively, the “Platform”).

1.2 You affirmatively accept these Terms by checking the acceptance box presented during registration, by checking the acceptance box presented before submitting an inquiry, or by checking the acceptance box presented when we ask you to accept a new version. Your continued use of the Platform after acceptance — including publishing a Listing, sending inquiries or using your account — is governed by these Terms, and your access to and use of the public portions of the Platform is likewise subject to them. If you do not agree, do not use the Platform.

1.3 If you accept these Terms on behalf of a company, hospital, clinic, practice, distributor, manufacturer, or other organization (a “Company”), you represent that you are authorized to bind that organization, and “you” refers to both you individually and that organization.

1.4 The Platform is intended for business-to-business professional use. It is not directed to consumers or patients.

2. Definitions

“Buyer” means a healthcare organization, procurement professional, or other user seeking devices, products, services or suppliers. “Seller” means a manufacturer, distributor, independent sales representative, biotechnology company or other user offering devices, products or services. “User” means any person or organization accessing the Platform, registered or not. “Listing” means a company profile, product profile, directory entry or other content published through the Platform. “User Content” means any information, text, logo, image, description, specification, certification claim, document or other material submitted, uploaded, imported, generated, approved or caused to appear through a User’s account.

“Procurement Partner” means an individual buyer-side User who has created a Professional Profile on the Platform. “Procurement Organization” means a buyer-side Company (a hospital, health system, surgery center, purchasing organization or similar entity). “Solution Provider” means a seller-side User or Company (a manufacturer, distributor, independent sales organization, biotechnology company or similar entity). These labels reflect the Platform’s user-facing registration categories; a User’s underlying account type—buyer or seller—governs which features and policies apply. “Professional Profile” means an individual-level profile, separate from a Listing, that a registered User may create through the Platform. A Professional Profile may include name, job title, role, headline, professional summary, territory information, specialties, certifications and company Affiliations. “Affiliation” means a relationship between an individual’s Professional Profile and a Company Listing, requested by the individual and approved by the Company, that may appear on the individual’s public Professional Profile once confirmed. “Introduction Request” means a message sent by a Solution Provider to a discoverable Procurement Partner requesting a professional introduction through the Platform.

3. What DevicePath Network Is — and Is Not

3.1 DevicePath Network is a discovery, directory, networking and connection platform. We help Buyers and Sellers find each other and exchange initial contact. We do not participate in, supervise, guarantee or become a party to what happens after that connection. DevicePath is intended to support early-stage discovery — before a Buyer’s internal review, value analysis, group purchasing or contracting processes begin — and does not replace, expedite or influence those processes.

3.2 Merely because Users interact through the Platform, DevicePath is not a manufacturer, medical device manufacturer, product seller, reseller, distributor, importer, exporter, group purchasing organization, purchasing organization, integrated delivery network, value analysis committee, credentialing platform, procurement agent, broker, dealer, sales representative, healthcare provider, hospital, physician, medical professional, regulatory consultant, testing laboratory, certifying body, insurer, fiduciary, agent of any Buyer or Seller, employer of any User, or a joint venturer or partner of any User.

3.3 The appearance of any Company, product, logo, certification or claim on the Platform does not mean that DevicePath owns, sells, manufactures, distributes, endorses, recommends, certifies, approves, clears, verifies, tests, warrants or guarantees that Company, that product, or any statement about it.

3.4 DevicePath does not act as an agent for any User and has no authority to bind any User to any transaction.

4. Regulatory Compliance and Medical Device Information

4.1 Each User and Company is solely and independently responsible for determining, obtaining and maintaining all licenses, registrations, clearances, approvals, authorizations, certifications, quality-system obligations, labeling requirements, promotional and advertising requirements, adverse-event and complaint reporting obligations, recall obligations, regulatory submissions, import/export requirements and other legal requirements applicable to that User, Company, product, service, jurisdiction or transaction.

4.2 DevicePath does not independently determine or verify whether:

• a device is FDA cleared, approved, registered, listed, exempt or authorized;
• a certification, ISO registration or CE marking is valid, current or legitimate;
• a product may lawfully be marketed in any particular jurisdiction;
• a Company holds every required license or registration;
• a product is safe, effective, or fit for any particular use;
• a product description, performance claim or clinical claim is accurate or supported;
• a device is appropriate for any particular patient, procedure or facility; or
• a product satisfies any healthcare facility’s procurement requirements.

4.3 A User that publishes an FDA clearance, approval, registration or listing number, an ISO certification, a CE marking, a regulatory classification, a product claim, a clinical claim or similar information represents and warrants that it has the legal right and a reasonable factual basis to make that statement and that the statement complies with applicable law.

4.4 Display of regulatory or certification information supplied by a User is not independent verification, validation or endorsement by DevicePath. Buyers must confirm regulatory status directly with the responsible Company and with the applicable regulatory authority.

5. No Medical or Clinical Advice

5.1 The Platform is a professional business discovery service. Nothing on the Platform is medical advice, diagnosis, treatment, clinical guidance, patient-specific advice, prescribing advice, or a recommendation concerning any course of treatment.

5.1a Account creation on the Platform is open to eligible Users as described in Section 7 and does not involve DevicePath-conducted vetting, credentialing or verification of any User, Company or product. See Section 6.3.

5.2 The Platform must not be used for medical emergencies or for patient-specific clinical decisions. Clinical decisions must be made by qualified healthcare professionals in accordance with applicable standards and regulatory requirements.

6. Independent Due Diligence

6.1 Users are responsible for conducting their own due diligence before entering into any business relationship discovered through the Platform.

6.2 Except for any verification DevicePath expressly states in writing that it performs, DevicePath does not verify identity, corporate existence, financial condition, creditworthiness, insurance, licensing, regulatory compliance, product quality, manufacturing capability, product availability, inventory, pricing, ownership, authority to sell, intellectual-property rights, clinical claims, delivery capability, warranties, references, certifications or reputation.

6.3 Badges, categories, sort order, “featured,” or similar designations reflect only the criteria DevicePath describes for that designation at the time it is displayed. Unless the Platform expressly states otherwise, such a designation is not a statement that DevicePath has verified the Company’s identity, licensing, regulatory status, product quality or business practices. As of the Effective Date, DevicePath does not operate an identity or regulatory verification program.

7. Accounts, Eligibility and Authority

7.1 You must be at least 18 years old and legally capable of entering a binding contract to create an account.

7.2 If you register on behalf of a Company, you represent that you are authorized to act for that Company and to publish information about it. DevicePath may suspend or remove a Listing if authority is disputed, and may require documentation of authority.

7.3 You are responsible for keeping your credentials secure and for all activity conducted through your account. Notify us promptly of any suspected unauthorized access.

7.4 Registration offers four paths: Solution Provider, Sales Professional, Procurement Organization and Procurement Partner. The path you choose determines which side of the Platform your account operates on and which features are available to it. Where the Platform provides a mechanism to request to join or affiliate with an existing Company Listing, the link takes effect only when the current account holder or an administrator of that Company approves the request, and that Company may later remove it.

7.5 Creating an account on the Platform does not automatically make any of your personal information, professional information or company information public. Account information is used to sign you in, display your dashboard and enable Platform features appropriate to your account type. Company Listings are published only when you actively publish them. Professional Profiles are created in draft status and are not visible to other Users or the public until you set them to Published. For Procurement Partners, a Published Professional Profile is not discoverable by Solution Providers and does not receive a public-facing profile page unless you separately enable the discoverability setting in the Professional Profile editor. Enabling discoverability is an affirmative opt-in step that is distinct from publishing the profile.

7.6 A Procurement Partner whose Professional Profile is both Published and set to discoverable has a public profile page on the Platform that displays their name, job title, role, headline, coverage area, territory states, medical specialties, certifications and any Affiliations they have enabled for public display. That page is submitted to the Platform’s sitemap, may be crawled and indexed by public search engines, and may be retained in search-engine caches or other third-party indexes outside DevicePath’s control. The User’s email address and phone number are never displayed on the public profile page. Disabling discoverability or deleting a Professional Profile removes the page from the Platform but cannot guarantee prompt removal from third-party caches and search indexes; removal from those caches is controlled by the third party and may take additional time. See the Privacy Policy for more detail.

7.7 Affiliations between Professional Profiles and Company Listings are created by the individual User and require approval by the Company before they are confirmed. An approved Affiliation may appear on an individual’s public Professional Profile only if the individual has enabled it for public display. The presence of an Affiliation on the Platform does not mean DevicePath has independently verified the employment status, purchasing authority, representation authority, credentials or business practices of either party. Each Company is solely responsible for its own affiliation-approval decisions.

7.8 A Solution Provider may submit Introduction Requests to discoverable Procurement Partners through the Platform. Submitting an Introduction Request does not itself release either party’s private contact information. Contact information is released only upon the Procurement Partner’s affirmative acceptance of the Introduction Request, as described in Section 11. Sending or accepting an Introduction Request does not create any obligation to enter into a business relationship.

8. User Content and Listings

8.1 You are responsible for all User Content associated with your account. You represent and warrant that:

• the information is accurate to the best of your knowledge and not materially misleading;
• you are authorized to represent the Company and to publish its information;
• you hold the necessary rights to all logos, images, trademarks, descriptions and documents you upload;
• all product, regulatory and clinical claims are lawful and supportable;
• your Listings do not infringe or misappropriate any third-party right; and
• you will update information within a reasonable time after it becomes materially inaccurate.

8.2 DevicePath may, but is not obligated to, review, edit, investigate, reject, suspend, unpublish, remove or modify any Listing or User Content, including placing a Listing in a pending-review state. A decision not to act is not an endorsement of that content and does not create a duty to review other content.

9. License to User Content

9.1 You retain ownership of your User Content. You grant DevicePath a worldwide, non-exclusive, royalty-free, sublicensable (to our hosting, storage, analytics and infrastructure providers) license to host, store, reproduce, cache, format, resize, reformat, excerpt, create previews and search indexes of, display, transmit and distribute your User Content as reasonably necessary to operate, secure, improve, promote and market the Platform and your Listing.

9.2 This license ends when you remove the content or delete your account, except to the extent reasonably necessary for backups, security and audit logs, legal compliance, dispute resolution, archival records, and content already shared with or copied by other parties.

9.3 DevicePath claims no ownership of your trademarks, product designs or other intellectual property.

10. Third-Party Intellectual Property, Copyright and Infringement Reports

10.1 Do not upload names, trademarks, logos, product images, documentation or other materials you are not authorized to use.

10.2 Copyright complaints. If you believe content on the Platform infringes your copyright, send a written notice to support@devicepathnetwork.com that includes: (a) identification of the copyrighted work you claim has been infringed; (b) identification of the allegedly infringing material and its location, including the specific URL or Listing; (c) your name, mailing address, telephone number and email address; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; (e) a statement that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature.

10.3 Trademark and other IP complaints. For trademark or other intellectual-property complaints, send a notice to the same address identifying the mark or right at issue, the specific URL or Listing, your contact information, a statement of your good-faith belief that the use is unauthorized, and a statement that the information in your notice is accurate.

10.4 How we handle reports. DevicePath may remove, disable or restrict access to disputed material while a report is reviewed, may notify the affected User and forward the notice, and may accept a counter-notification containing the corresponding identification, contact, good-faith and accuracy statements. DevicePath may restore content where the dispute is resolved, withdrawn or a counter-notification warrants it, and may suspend or terminate accounts of repeat infringers in appropriate circumstances. DevicePath does not adjudicate ownership disputes and is not responsible for resolving them.

10.5 Designated agent. As of the Effective Date, DevicePath has not registered a designated agent with the U.S. Copyright Office. Send copyright notices to the address above or in Section 29. Nothing in this Section waives or limits any defense, safe harbor or other protection available to DevicePath under applicable law.

11. Dealings Between Users

11.1 All negotiations, quotes, purchases, sales, demonstrations, trials, evaluations, shipments, contracts, warranties, payments, returns, refunds, recalls, servicing arrangements, commissions, exclusivity or distributorship arrangements, employment relationships and other transactions between Users are solely between those Users.

11.2 Unless DevicePath expressly agrees otherwise in a separate signed written agreement, DevicePath is not a party to, guarantor of, or escrow agent for any such transaction and has no obligation arising from it.

11.3 Users are responsible for negotiating and documenting their own commercial terms, including price, delivery, warranty, indemnity, insurance, compliance and dispute terms.

11.4 DevicePath does not guarantee that any Listing or inquiry will result in a response, quote, meeting, sale, purchase, distributorship, contract, partnership, territory or exclusivity, employment, revenue, leads, regulatory approval or successful implementation.

11.5 Introduction Requests are legally and operationally distinct from business Inquiries. A business Inquiry is a procurement-side communication directed to a Solution Provider Company Listing, submitted through the inquiry form. An Introduction Request is a seller-side communication directed to a discoverable Procurement Partner individual, submitted through the introduction feature. The two mechanisms operate separately, are subject to different permissions and notifications, and are governed by different use limitations as set out in this Section.

11.6 When a Procurement Partner affirmatively accepts an Introduction Request, the Platform releases to each party the other party’s name, company name, email address and phone number (if the other party has provided one). That contact exchange is the functional equivalent of a facilitated professional introduction. Submitting an Introduction Request does not release either party’s contact information; release occurs only at the point of acceptance. DevicePath is not a party to any communication or transaction that follows, and the limitations and disclaimers in Sections 3, 11.1–11.4, 18 and 19 apply to all interactions arising from an accepted Introduction.

11.7 Contact information released through an accepted Introduction Request may be used only for the legitimate professional purpose of the introduction and for follow-on professional communications reasonably arising from it—including scheduling calls, exchanging product information, arranging demonstrations and continuing professional correspondence related to the introduction. It may not be used to: (a) add the other party to any bulk marketing list, email broadcast, advertising campaign or other mass-distribution list without that party’s separate affirmative consent; (b) sell, share, resell, trade, compile or distribute that contact information to any third party; or (c) conduct abusive, harassing or repetitive unsolicited outreach that is unrelated to the professional purpose of the introduction. This restriction applies to both parties to the introduction.

12. Products and Product Liability

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVICEPATH IS NOT RESPONSIBLE OR LIABLE FOR INJURY, DEATH, PROPERTY DAMAGE, ECONOMIC LOSS, RECALLS, ADVERSE EVENTS, DEFECTS, MALFUNCTIONS, MANUFACTURING OR LABELING PROBLEMS, CLINICAL OUTCOMES, MISUSE, REGULATORY ACTIONS, WARRANTY DISPUTES OR OTHER CLAIMS ARISING OUT OF ANY DEVICE, PRODUCT OR SERVICE MANUFACTURED, ADVERTISED, OFFERED, LISTED, EVALUATED, PURCHASED, DISTRIBUTED, RECOMMENDED, SUPPLIED OR SOLD BY ANY USER OR OTHER THIRD PARTY.

12.2 Responsibility for any product remains with the legally responsible manufacturer, seller, distributor, importer, purchaser, healthcare organization or professional, as determined by applicable law and the parties’ own agreements.

13. Confidential Information

13.1 Do not upload, publish or transmit confidential, proprietary, trade-secret, export-controlled or otherwise legally protected information through the Platform unless a feature is expressly designed for that purpose and you are authorized to disclose it.

13.2 Information published in a Listing or directory entry is public. Do not treat public Listing content as confidential. Inquiry messages are shared with the receiving Company; treat them as business communications, not as confidential disclosures under any non-disclosure agreement, unless you and the other party have separately agreed otherwise in writing. Introduction Request messages, and contact information exchanged upon acceptance of an Introduction Request, are likewise business communications; the use of contact information released through an accepted Introduction is governed by Section 11.7.

14. Patient Information and HIPAA

14.1 The Platform is not designed, offered or represented as a patient-record system or as a system for Protected Health Information (“PHI”). DevicePath does not describe the Platform as HIPAA compliant. Ordinary use of the Platform — company and product listings, directory search and business inquiries — is not intended to involve PHI.

14.2 You must not upload, submit or transmit PHI or personally identifiable patient information through the Platform. As of the Effective Date, DevicePath has not authorized any User to use the Platform for PHI.

14.3 No Business Associate relationship and no Business Associate Agreement is created merely by accepting these Terms, creating an account, publishing a Listing, sending or receiving an inquiry, or otherwise using ordinary Platform functionality. If DevicePath ever expressly agrees in writing to provide services that involve PHI, the parties would first need to put appropriate agreements and compliance measures in place separately.

14.4 Nothing in this Section eliminates or limits any obligation that applicable law independently imposes on either party. DevicePath may delete or restrict information that appears to contain PHI.

15. Prohibited Conduct

You must not, and must not permit anyone to:

• engage in fraud, impersonation, or create fake companies or accounts;
• publish knowingly false information, fake certifications or misleading regulatory claims;
• market products unlawfully, offer counterfeit or diverted goods, or make unauthorized medical device claims;
• infringe or misappropriate any third-party intellectual property or other right;
• send spam, bulk unsolicited marketing, or abusive, harassing or discriminatory messages;
• upload malware, attempt phishing, credential theft, or any security attack;
• access accounts, data or systems without authorization, or use another User’s account;
• scrape, crawl, harvest, mine, extract or copy Listings, the directory or the database by automated means, or circumvent rate limits or technical controls, except as permitted by Section 15.1;
• reverse engineer, decompile or disassemble the Platform, except where such a restriction is prohibited by law;
• use the Platform, or data extracted from it, to build or populate a competing database or directory;
• interfere with, overload or disrupt the Platform or its infrastructure;
• facilitate illegal transactions or unlawful discrimination;
• offer, solicit, pay or accept unlawful kickbacks, bribes, improper referral payments or other unlawful inducements, or make or receive improper payments intended to influence purchasing, formulary, prescribing or referral decisions;
• use the Platform to coordinate unlawful anticompetitive conduct with a competitor, including price fixing, bid rigging, customer allocation, market allocation, unlawful allocation of territories, or exchanging competitively sensitive pricing or bidding information;
• use the Platform for any transaction you are prohibited from conducting under applicable sanctions, export controls, import restrictions, embargoes or other trade restrictions;
• create accounts to evade a suspension or removal; or
• publish patient information or any content you have no right to disclose.

15.1 Search engines. Nothing in this Section prohibits a legitimate public search engine — for example Google or Bing — from crawling and indexing publicly accessible pages of the Platform, where that crawling complies with our robots.txt file, our sitemap, applicable technical controls, and any other crawling permissions DevicePath publishes. That permission is limited to legitimate public search indexing and does not authorize automated extraction, bulk copying, database extraction or reuse of directory, company or product data.

15.2 Lawful commercial arrangements. The competition restriction above prohibits unlawful coordination only. It does not restrict independently negotiated distributor territories, sales representation arrangements, exclusivity, pricing decisions a party makes independently, or other lawful commercial contracts. DevicePath does not determine whether any particular arrangement, payment or transaction complies with a specific law; each User is responsible for determining the laws applicable to its own conduct and transactions, including sanctions, export control and healthcare compliance requirements.

15.3 DevicePath may investigate suspected violations, preserve relevant records, and take the actions described in Section 16.

16. Suspension, Termination and Deletion

16.1 DevicePath may suspend an account, unpublish or remove a Listing, restrict functionality, investigate suspected abuse, preserve evidence, respond to lawful requests, disable access, or terminate an account for reasons including violation of these Terms, suspected fraud, legal or regulatory risk, security threats, infringement reports, abusive conduct, prolonged inactivity, or conduct that may harm DevicePath or other Users.

16.2 DevicePath may, in its sole discretion, provide advance notice, an explanation, or an opportunity to correct a problem where DevicePath determines that doing so is appropriate, but DevicePath is not obligated to do so except where applicable law requires it. These Terms create no right to advance warning, investigation, appeal or an opportunity to cure. DevicePath may act immediately and without prior notice where it identifies fraud, a security threat, a regulatory concern, infringement, abusive behavior, illegal activity, risk to Users or to DevicePath, an attempt to evade prior enforcement, or a serious violation of these Terms.

16.3 You may stop using the Platform at any time and may delete your account where the Platform provides that function. Deletion removes your account access, unpublishes Listings you control and removes your Professional Profile from the Platform. If your Professional Profile was publicly accessible before deletion, search engines and third parties that previously crawled or cached it may retain copies for an additional period; removal from those caches is controlled by the third party, not by DevicePath. Introduction records, affiliation records, inquiry records, notification records and other system records are not immediately erased on account deletion.

16.4 Sections 3, 4, 8–15, 16.3, 17–24 and any other provision that by its nature should survive, survive termination.

17. Platform Availability, Changes, Search and Third-Party Services

17.1 DevicePath may add, change, improve, suspend, limit or discontinue features at any time. We do not guarantee uninterrupted or error-free operation, any uptime level, permanent preservation of Listings or data, or compatibility with every device or browser. Maintain your own copies of information that matters to you.

17.2 DevicePath controls how search, categories, filters, ranking, recommendations and directory presentation operate, and may change them at any time. No User is entitled to any particular ranking, placement or level of exposure unless expressly agreed in a separate written agreement.

17.3 The Platform relies on and links to independent third-party services, which may include hosting and database infrastructure, authentication providers (including Google sign-in), analytics and advertising technologies (including the Meta pixel), email delivery services and AI providers. DevicePath does not control and is not responsible for third-party services, their availability, or their content, and linking to or integrating a service is not an endorsement. Third-party services are governed by their own terms and privacy policies. See our Privacy Policy for how these technologies are used.

17.4 AI-assisted content. DevicePath offers features that use artificial intelligence to draft, summarize or categorize company and product information, including importing information from a Company’s public website. AI output may be incomplete, outdated or inaccurate. You must review and approve any AI-assisted content before publishing it, and you remain fully responsible for everything published through your account. DevicePath may correct or remove content that appears materially inaccurate.

18. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEVICEPATH DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DEVICEPATH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY LISTING, PRODUCT INFORMATION, REGULATORY OR CERTIFICATION CLAIM, OR OTHER CONTENT; THE CONDUCT, IDENTITY, SOLVENCY OR COMPLIANCE OF ANY USER; THE QUALITY, SAFETY OR LEGALITY OF ANY PRODUCT; OR THAT USE OF THE PLATFORM WILL PRODUCE ANY BUSINESS RESULT OR BE UNINTERRUPTED, SECURE OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the exclusions apply to the greatest extent permitted by law.

19. Limitation of Liability

19.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVICEPATH AND ITS OWNERS, OFFICERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS (THE “DEVICEPATH PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, LOST OR CORRUPTED DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, FAILED OR ABANDONED TRANSACTIONS, OR DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF ANY BUYER, SELLER OR OTHER THIRD PARTY, OR FROM ANY DEVICE OR PRODUCT SUPPLIED BY A THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 THE DEVICEPATH PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNTS YOU PAID TO DEVICEPATH FOR THE PLATFORM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

19.3 Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, willful misconduct, or personal injury caused by our own gross negligence where such limitation is prohibited.

19.4 These limitations apply regardless of the theory of liability and are an essential basis of the bargain between you and DevicePath, including for accounts that pay nothing.

20. Indemnification

20.1 To the fullest extent permitted by law, you will defend, indemnify and hold harmless the DevicePath Parties from and against any third-party claim, demand, action, proceeding, loss, liability, damage, fine, penalty, cost and expense (including reasonable attorneys’ fees) arising out of or relating to: your Listings, User Content or products; product liability or adverse events involving your products; regulatory violations; false, misleading or unlawful advertising or medical claims; infringement or misappropriation of third-party rights; your breach of these Terms or of applicable law; transactions or disputes with other Users; misuse of the Platform; confidential information or patient information you improperly uploaded; and injuries or damages caused by products or services you offered.

20.2 We will notify you of a claim within a reasonable time, allow you to control the defense with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim in a way that imposes obligations or admissions on a DevicePath Party without our written consent. We may participate with our own counsel at our expense.

21. Release Regarding User Disputes

To the maximum extent permitted by law, you release the DevicePath Parties from claims, demands and damages of every kind arising out of or connected with disputes between you and any other User, Company, manufacturer, distributor, healthcare organization or third party, including disputes about products, contracts, payments, territories, commissions, employment or regulatory matters. DevicePath does not become responsible for such a dispute merely because the parties discovered each other or communicated through the Platform.

22. Governing Law, Venue and Dispute Resolution

22.1 These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, subject to any mandatory law of your jurisdiction that applies despite this choice.

22.2 the state courts of the State of Texas serving the location of DevicePath's principal place of business, and the federal courts whose judicial district includes that location have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or the Platform, and you consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.

22.3 Informal resolution. Except as provided in Section 22.4, each party will first attempt in good faith to resolve a dispute informally by contacting support@devicepathnetwork.com and allowing 30 days for resolution before starting a proceeding.

22.4 Emergency relief. Nothing in Section 22.3 prevents either party from seeking temporary, preliminary, injunctive or other emergency equitable relief at any time from a court of competent jurisdiction where waiting could cause material harm — for example, unauthorized access to systems or accounts, misuse of intellectual property, security threats, unlawful scraping or database extraction, breach of confidentiality obligations, or imminent legal or regulatory harm.

23. Changes to These Terms

23.1 These Terms are versioned. The current version and effective date appear at the top of this page. Changes apply prospectively.

23.2 For non-material changes (clarifications, formatting, contact details, examples), we will update the version and effective date on this page.

23.3 For material changes affecting your rights, obligations, dispute resolution, payment obligations or privacy expectations, we will provide prominent notice and, where appropriate, require renewed affirmative acceptance before you continue using account functionality. We keep a record of the Terms version each account accepted; earlier acceptance records are never overwritten.

24. Launch Offer (Closed) and Grandfathered Accounts

24.1 DevicePath previously offered a limited-time launch offer. That offer closed on September 16, 2026, and accounts created on or after that date do not qualify.

24.2 A Company that registered a qualifying account while the launch offer was active will not be charged a subscription fee for the DevicePath Network company account and the platform services and features covered by the launch offer, for as long as that account remains in good standing. DevicePath will honor that commitment; nothing in these Terms narrows it.

24.3 Qualifying. An account qualified if it was successfully created and confirmed while the launch offer was active, was not a duplicate of an existing Company account, and was not created fraudulently or abusively. Duplicate Listings for the same Company do not qualify, and a Company does not gain additional benefits by holding multiple accounts.

24.4 Deleted and recreated accounts. If a qualifying Company account is deleted and later recreated, the new account is not automatically covered. Contact us and we will restore the benefit where our records show the same Company previously qualified.

24.5 Transfers and ownership changes. The benefit is not transferable to an unrelated company. It remains with the Company if control of that Company changes, such as a new authorized administrator or a change of ownership of the same business.

24.6 Suspension and inactivity. The benefit is preserved during a suspension and restored if the account is reinstated. Inactivity or an unpublished Listing does not by itself end it. The benefit is forfeited only where the account is terminated for fraud or serious abuse under Section 16.

24.7 Scope. The benefit covers the company account and the platform services and features included in the launch offer. It does not obligate DevicePath to provide, free of charge, separate optional products or services that DevicePath may introduce in the future, and it does not cover taxes or third-party pass-through charges if any ever apply.

25. DevicePath Intellectual Property

25.1 The DevicePath Network name, logo, branding, site design, software, source code, databases, directory structure and compilation, platform-generated content, original graphics, text, features and functionality are owned by DevicePath or its licensors and are protected by intellectual property law.

25.2 You receive a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for your internal business purposes in accordance with these Terms. All other rights are reserved.

25.3 You may not copy, extract at scale, resell, sublicense, republish, mirror, clone or otherwise commercialize the Platform or its directory data, in whole or in substantial part, except as expressly permitted in writing or as required by law.

26. Feedback

If you voluntarily send suggestions, ideas or feedback about the Platform, you grant DevicePath a perpetual, irrevocable, worldwide, royalty-free license to use and implement that feedback without obligation, compensation or attribution. This does not transfer ownership of any of your other intellectual property.

27. Privacy

Our Privacy Policy describes how we handle account information, inquiries, listing data, analytics and tracking technologies, and third-party processors. These Terms do not replace it. If these Terms and the Privacy Policy conflict about how information is handled, the Privacy Policy controls.

28. General

28.1 Entire agreement. These Terms, the Privacy Policy, and any separate written agreement with DevicePath are the entire agreement about the Platform and supersede prior discussions.

28.2 Severability. If a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in effect.

28.3 Waiver. A failure to enforce a provision is not a waiver of it.

28.4 Assignment. You may not assign these Terms without our written consent. DevicePath may assign them in connection with a merger, acquisition, reorganization or sale of assets.

28.5 Force majeure. Neither party is liable for delays or failures in performance caused by events beyond its reasonable control. This does not excuse: amounts already accrued and payable, if any; confidentiality obligations; restrictions on intellectual property, Platform data or directory data; indemnification obligations arising from conduct occurring before the event; obligations to comply with applicable law; or misuse of the Platform.

28.6 No third-party beneficiaries. Except for the DevicePath Parties named in Sections 19–21, these Terms create no third-party beneficiary rights.

28.7 Relationship. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise or employment relationship.

28.8 Electronic communications and notices. You consent to receive communications electronically, including through the Platform and the email address on your account, and agree that electronic records and acceptance records satisfy any legal requirement of a writing or signature. Notices to DevicePath must be sent to support@devicepathnetwork.com.

28.9 Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against the drafter.

29. Contact

DevicePath Network — support@devicepathnetwork.com. Legal notices, infringement reports and dispute notices should be sent to that address. You can also reach us through the contact page.