Terms of Use

AVACEN, Inc. — Terms of Use

Last Updated: December 7, 2025

AGREEMENT TO TERMS

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you”) and AVACEN, Inc. (“Company,” “we,” “us,” or “our”), governing your access to and use of https://avacen.com and all related media, channels, mobile websites, or applications (collectively, the “Site”).

By accessing the Site, you confirm that you have read, understood, and agree to be bound by these Terms.
If you do not agree, you must discontinue use immediately.

We may modify these Terms at any time. Updates will be reflected in the “Last Updated” date. Your continued use of the Site constitutes acceptance of the revised Terms.

The Site is not intended for distribution or use in jurisdictions where such use would violate laws or impose additional regulatory obligations. Users accessing the Site from outside the United States do so at their own initiative and are responsible for compliance with local laws.

The Site is not designed to comply with HIPAA, FISMA, GLBA, or other industry-specific regulations. If your use would be subject to such laws, you may not use the Site.

Use of the Site is limited to individuals 18 years of age or older.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, the Site, including all content, designs, code, text, images, graphics, audio, video, and trademarks (“Content” and “Marks”), is owned or licensed by AVACEN, Inc. and protected under U.S. and international intellectual property laws.

You are granted a limited license for personal, non-commercial use only.
No Content or Marks may be reproduced, distributed, sold, or exploited without our express written permission.

We reserve all rights not expressly granted.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. You have legal capacity and agree to comply with these Terms.
2. You are at least 18 years old.
3. You will not access the Site through automated or non-human means.
4. You will not use the Site for unlawful purposes.
5. Your use of the Site complies with all applicable laws.

Failure to comply may result in suspension or termination of your account.

PROHIBITED ACTIVITIES

You agree not to engage in activities including, but not limited to:

• Data scraping or automated data extraction.
• Fraud, misrepresentation, or attempts to access restricted information.
• Uploading malware or disruptive materials.
• Harassing, threatening, or abusing users or employees.
• Circumventing security features.
• Reverse engineering or modifying Site software.
• Impersonation of another person or user.
• Use of automated tools such as bots, spiders, scrapers, or scripts.
• Commercial use of the Site without express written authorization.

Violations may result in termination and legal action.

USER GENERATED CONTRIBUTIONS

The Site may allow users to submit text, images, feedback, or other materials (“Contributions”).
By submitting Contributions, you represent and warrant that:

• You own or control all rights to the Contributions.
• The Contributions do not infringe any third-party rights.
• Individuals depicted have granted all necessary permissions.
• Contributions are not unlawful, defamatory, obscene, deceptive, or harmful.
• Contributions comply with these Terms and all applicable laws.

We may remove or restrict any Contribution at our discretion.

CONTRIBUTION LICENSE

You retain ownership of your Contributions, but by submitting them, you grant us a worldwide, royalty-free, non-exclusive license to use, copy, display, publish, and distribute them for any lawful purpose.

Submission of feedback or ideas constitutes permission for AVACEN, Inc. to use such feedback without compensation.

SUBMISSIONS

Any questions, ideas, feedback, or comments submitted through the Site (“Submissions”) become our sole property. You waive all moral rights to such Submissions.

SITE MANAGEMENT

We reserve the right to:

• Monitor the Site for violations.
• Take legal action as needed.
• Restrict or terminate user access.
• Remove excessive or burdensome content.
• Manage the Site to maintain proper functionality.

PRIVACY POLICY

Your use of the Site is governed by our Privacy Policy:
https://avacen.com/privacy-policy/

By using the Site, you consent to processing of your data in the United States.

TERM AND TERMINATION

We may suspend or terminate your access to the Site at any time, without notice, for any violation of these Terms or applicable laws.

You may not create a new account if your previous account has been terminated.

We reserve all rights to pursue civil or criminal remedies.

MODIFICATIONS AND INTERRUPTIONS

We may modify, update, or discontinue any part of the Site at any time without notice.
We are not liable for downtime, errors, or interruptions in service.

Nothing herein obligates us to maintain or update the Site.

GOVERNING LAW

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

DISPUTE RESOLUTION

Informal Negotiations

The parties agree to attempt informal resolution for at least 30 days before initiating arbitration.

Binding Arbitration

If unresolved, disputes will be settled via binding arbitration under the rules of the American Arbitration Association (AAA).
Arbitration will occur in Orange County, California, unless otherwise required by law.

You acknowledge that arbitration replaces the right to a jury trial.

Restrictions

Arbitration is limited to disputes between the parties individually.
Class actions and representative claims are expressly waived and prohibited.

Exceptions

The following disputes are exempt from arbitration:

• Enforcement or validity of intellectual property rights
• Allegations of privacy violations, theft, or unauthorized use
• Claims seeking injunctive relief

CORRECTIONS

We may correct errors or update information on the Site at any time without notice.

FDA-REQUIRED USE & SAFETY DISCLAIMER

The AVACEN® family of devices, including the AVACEN Home XL and other models cleared under FDA 510(k) K133981, are FDA-cleared Class II heat therapy systems indicated for the:

• temporary relief of minor muscle and joint pain and stiffness;
• temporary relief of joint pain associated with arthritis, muscle spasms, minor strains, and sprains;
• muscular relaxation; and
• temporary increase of local circulation where applied.

Nothing on this Site is intended to expand or modify these FDA-cleared indications.

No Medical Advice

Site content—including testimonials, graphics, images, and product descriptions—is for informational purposes only and does not constitute medical advice.
Always consult your healthcare provider regarding medical conditions or treatment options.

Individual Results May Vary

Testimonials or user experiences reflect individual outcomes and do not guarantee similar results for all users.

Consult Your Physician Before Use

You should consult your healthcare provider before using heat therapy devices if you have:

• circulatory or cardiovascular issues;
• diabetes or neuropathy;
• heat sensitivity;
• implanted devices;
• are pregnant; or
• have other medical concerns.

Do not use the device over compromised skin or without normal heat sensation.

In Case of Adverse Symptoms

Stop use immediately and seek medical care if you experience:

• dizziness, swelling, numbness, severe pain, changes in skin condition, or other unusual symptoms.

No Claims of Diagnosis, Cure, Mitigation, Treatment, or Prevention

Except for the FDA-cleared indications above, AVACEN devices are not intended to diagnose, cure, mitigate, treat, or prevent any disease.
Off-label use is not encouraged or endorsed.

DISCLAIMER

The Site is provided “AS IS” and “AS AVAILABLE.”
We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We assume no liability for:

1. Errors or inaccuracies in content.
2. Personal injury or property damage from Site use.
3. Unauthorized access to servers or data.
4. Service interruptions.
5. Malware transmitted by third parties.
6. Losses resulting from Site content or interactions.

We do not endorse third-party products or services linked on the Site.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, AVACEN, Inc. and its officers, employees, and agents shall not be liable for indirect, consequential, special, or punitive damages.

Total liability for all claims shall not exceed the amount paid by you, if any, in the six months prior to the claim.

INDEMNIFICATION

You agree to indemnify and hold us harmless from claims arising out of:

• your use of the Site;
• your breach of these Terms;
• your violation of third-party rights;
• your harmful actions toward other users.

USER DATA

We may maintain certain data for operational purposes but are not liable for loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES

You consent to electronic communications, signatures, agreements, and notices. These satisfy all legal writing requirements.

CALIFORNIA USERS

Unresolved complaints may be directed to:

California Department of Consumer Affairs
1625 North Market Blvd., Suite N112
Sacramento, CA 95834
(800) 952-5210

MISCELLANEOUS

These Terms constitute the entire agreement between you and AVACEN, Inc.
If any part is deemed unenforceable, the remainder shall remain in effect.

No partnership, agency, or employment relationship is created by your use of the Site.

You waive any defense based on the electronic form of these Terms.

CONTACT US

AVACEN, Inc.
Tel: 888-428-2236 (888-4-AVACEN)
6451 El Camino Real, Suite C
Carlsbad, CA 92011

© 2025 AVACEN, Inc. All Rights Reserved.