MEMBERSHIP TERMS
MitoCollar™ Device Services
Effective Date: February 3,
2026
These Membership Terms
("Membership Terms" or "Terms") govern your purchase and
use of the membership service required to operate the MitoCollar™ electronic
device ("Device"). The membership service may be managed through the
MitoCollar™ membership portal located at mitocollar.com/membership. These
Membership Terms are issued by Erchonia Corporation ("Erchonia,"
"we," "us," or "our") and are incorporated by
reference into, and form part of, the MitoCollar™ Terms & Conditions of
Use.
By purchasing, activating, or
using a MitoCollar™ membership, you acknowledge that you have read, understood,
and agree to be bound by these Membership Terms.
1. DEFINITIONS
"Device" means
the MitoCollar™ electronic unit containing the laser light therapy components
and Bluetooth circuitry.
"Membership" or
"Membership Service" means the paid service plan that enables the
Device to operate and deliver light therapy sessions, and provides eligibility
for certain benefits as described herein.
"Billing Cycle" means
the recurring period for which you are charged membership fees, which may be
monthly, quarterly, annually, or as otherwise specified at purchase.
"Account" means your user account created with Erchonia for managing your Membership and Device
registration.
2. MEMBERSHIP REQUIREMENT
An active Membership is required
for the Device to operate. The Membership enables:
• Device operation and light therapy session delivery;
• Bluetooth connectivity and wireless control capabilities;
• Device firmware updates and performance improvements;
• Access to customer support and troubleshooting resources; and Eligibility for Post-Warranty replacement as described in the MitoCollar™ Limited Warranty Policy.
*Without an active Membership,
the Device will not operate.
3. MEMBERSHIP PURCHASE AND ACTIVATION
3.1 Purchase Method
Memberships are purchased and
managed through:
• The MitoCollar™ website at www.mitocollar.com
• The MitoCollar™ membership portal at subscription.mitocollar.com
Memberships are NOT available
as in-app purchases through the Apple App Store or Google Play Store.
3.2 Activation
Upon successful purchase and
payment processing, your Membership will be activated within 1 hour. You will
receive a confirmation email to the email address associated with your Account.
3.3 Device Registration
Each Membership is tied to a
specific Device serial number. To activate your Device, you must register it by
entering the Device serial number through the membership portal at
subscription.mitocollar.com. A Membership can only be associated with one Device
at a time. If you wish to transfer your Membership to a different Device (such
as a replacement Device), contact customer support at support@mitocollar.com.
4. MEMBERSHIP SERVICES AND BENEFITS
Your active Membership provides
the following services and benefits:
• Device operation, including the ability to deliver light therapy sessions;
• Bluetooth connectivity and wireless control of Device settings;
• Device firmware updates and performance enhancements;
• Access to customer support via email and online resources;
• Eligibility for Post-Warranty Replacement after the initial warranty period expires, subject to the terms of the MitoCollar™ Limited Warranty Policy; and Any additional services or features that Erchonia may
introduce during your Membership period.
Erchonia reserves the right to
modify, add, or discontinue specific features at any time, provided that the
core ability to operate the Device and deliver light therapy sessions is
maintained. We will provide reasonable notice of material changes via email or
notification through the membership portal.
5. BILLING, PRICING, AND PAYMENT
5.1 Membership Pricing
Membership pricing is displayed
on the MitoCollar™ website at the time of purchase and may vary based on:
• Billing Cycle selected (monthly, quarterly, annual);
• Promotional offers or discounts applied at checkout;
• Your geographic location; and
• Device model or service tier, if applicable.
5.2 Payment Methods
We accept the following payment
methods:
• Major credit cards (Visa, MasterCard, American Express, Discover);
• Debit cards with major card network logos; and
• Other payment methods as may be offered on our website from time to time.
By providing payment information, you authorize Erchonia to charge the payment method on file for
all Membership fees, including initial charges, recurring charges, and any
applicable taxes or fees.
5.3 Automatic Renewal
If you select automatic renewal for your Membership, your payment method will automatically be charged at the end of each Billing Cycle unless you cancel prior to the renewal date. Upon renewal, your payment method will be charged the then-current Membership rate for the next Billing Cycle.
We will send you a reminder
email at least 7 days before your Membership renews, notifying you of the
upcoming charge and providing instructions for cancellation if desired.
5.4 Price Changes
Erchonia reserves the right to
modify Membership pricing at any time. Price changes will take effect at the
start of your next Billing Cycle following at least 30 days' advance notice
via:
• Email to the address associated with your Account;
• Notification through the membership portal; or
• Notice posted on the MitoCollar™ website.
If you do not agree to a price increase, you may cancel your Membership before the price change takes effect.
Continued use of the Membership Service after the price change constitutes acceptance of the new pricing.
Price Lock for Prepaid Memberships:
If you purchase a prepaid Membership
for an extended period (e.g., 12 months paid in advance), your Membership rate
will be locked at the current price for the duration of the prepaid period.
Price changes will only apply when your prepaid period expires and you choose
to renew your Membership.
5.5 Taxes and Fees
All Membership fees are
exclusive of applicable taxes. You are responsible for all sales, use,
value-added, and other taxes imposed by governmental authorities, except for
taxes based solely on Erchonia's net income. Such taxes will be added to your
invoice where required by law.
If you believe you are exempt
from such taxes, you must provide Erchonia with a valid tax exemption
certificate prior to purchase.
5.6 Failed Payments
If a payment fails due to
insufficient funds, card expiration, card cancellation, or any other reason:
• We will notify you via email and attempt to process the payment again within 3 business days;
• If payment fails again, we will make up to 2 additional retry attempts over the
following 10 days;
• If all payment attempts fail, your Membership will be suspended, and the Device will be disabled; and
• Your Membership will be automatically cancelled if payment is not successfully processed within 30 days of the original due date.
You are responsible for maintaining current and valid payment information in your Account. To update payment information, log in to the membership portal at subscription.mitocollar.com or contact customer support.
6. MANAGING AND CANCELING YOUR MEMBERSHIP
6.1 Managing Your Membership
You may manage your Membership,
including viewing billing history, updating payment information, and changing your Billing Cycle, through:
• The MitoCollar™ membership portal at www.mitocollar.com/membership; or
• By contacting customer support at
support@mitocollar.com.
6.2 Cancellation by You
You may cancel your Membership
at any time. To cancel:
• Log in to the membership portal at subscription.mitocollar.com and select
"Cancel Membership"; or
• Contact customer support at support2@mitocollar.com and
request cancellation.
Cancellation takes effect at
the end of your current Billing Cycle. Your Device will continue to operate
through the end of the paid period. After cancellation takes effect:
• Your Device will no longer operate;
• You will lose eligibility for Post-Warranty Replacement benefits
No refunds or credits will be
provided for any Membership fees, including partial Billing Cycles.
6.3 Reactivation
You may reactivate a cancelled
Membership at any time by purchasing a new Membership through the website or
membership portal. Reactivation is subject to then-current pricing. Note that
lapses in Membership status exceeding 30 days may reset your eligibility period
for Post-Warranty Replacement benefits as described in the MitoCollar™ Limited
Warranty Policy.
6.4 Termination by Erchonia
Erchonia reserves the right to
suspend or terminate your Membership immediately, without refund, if:
• You violate these Membership Terms or the MitoCollar™ Terms & Conditions of Use;
• You engage in fraudulent activity, including chargebacks not made in good faith;
• You attempt to circumvent Membership requirements or tamper with Device software or
firmware;
• You use the Membership Service in any unlawful manner or for any unlawful purpose; or
• We are required to do so by law or regulatory authority.
In the event of termination for
cause, you will not be entitled to a refund of any fees paid, and you will
remain responsible for any outstanding charges.
7. NO REFUNDS
All Membership fees are non-refundable. This includes:
• Initial Membership purchases;
• Renewal charges;
• Partial Billing Cycles if you cancel mid-cycle;
• Memberships terminated by Erchonia for violation of these Terms; and
• Any other circumstance, except as may be required by applicable law.
By purchasing a Membership, you
acknowledge and agree that all fees are non-refundable, and you waive any right
to receive a refund for any reason, to the maximum extent permitted by law.
7.1 Chargebacks
If you dispute a charge with your payment provider (chargeback) instead of contacting Erchonia directly,
your Membership will be immediately suspended pending resolution. Repeated chargebacks or chargebacks determined to be made in bad faith may result in permanent termination of your Account and Membership without refund.
8. RELATIONSHIP TO WARRANTY COVERAGE
An active Membership in good
standing is required for eligibility for Post-Warranty Replacement benefits as
described in the MitoCollar™ Limited Warranty Policy. Specifically:
• During the first year from original purchase date, the Limited Warranty Policy applies regardless of Membership status;
• After the first year, Post-Warranty Replacement eligibility requires both: (a) an active Membership at the time of the replacement request, and (b) continuous
Membership status without lapses exceeding 30 days for a minimum of twelve (12) consecutive months immediately preceding the reported issue; and
• If your Membership lapses for more than 30 days, your eligibility period for Post-Warranty Replacement will reset upon reactivation, requiring a new twelve (12) month continuous Membership period before eligibility is restored.
Please refer to the MitoCollar™
Limited Warranty Policy for complete warranty terms, coverage details,
exclusions, and replacement procedures.
9. SUSPENSION OF DEVICE OPERATION
Erchonia may suspend Device
operation, preventing the Device from delivering therapy sessions, in the
following circumstances:
• Membership payment is past due or payment method on file is invalid;
• Your Membership has expired or been cancelled;
• You violate these Membership Terms or the MitoCollar™ Terms & Conditions of Use;
• We reasonably believe you are engaging in fraudulent activity;
• Required maintenance, updates, or repairs to the Membership Service or Device firmware; or
• Required by law, regulation, or court order.
We will make reasonable efforts
to provide advance notice of planned suspensions, except in cases of emergency, suspected fraud, or legal requirements. You may restore Device operation by resolving the underlying issue (e.g., updating payment information, curing violations, or reactivating your Membership).
10. CHANGES TO MEMBERSHIP TERMS
Erchonia reserves the right to
modify these Membership Terms at any time. Material changes will be
communicated to you via:
• Email to the address associated with your Account (at least 30 days before the changes take effect);
• Notification through the membership portal; or
• Posting the updated terms on the MitoCollar™ website with a revised "Effective Date."
Your continued use of the Membership Service after the effective date of the updated terms constitutes acceptance of those changes. If you do not agree to the updated terms, you may cancel your Membership as described in Section 6.2.
Non-material changes, such as
clarifications or corrections, may be made without prior notice. The current
version of these Membership Terms is always available at
www.mitocollar.com/membership-terms.
11. NO MEDICAL OR VETERINARY SERVICES
The MitoCollar™ Device and
Membership Service are intended for general pet wellness purposes only. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The Membership Service does not include, and should not be considered a substitute for, professional medical or veterinary advice, diagnosis, or
treatment.
If your animal exhibits
signs of illness, injury, or distress, you should consult a licensed
veterinarian immediately. Do not rely solely on the Device to assess your
pet's health status.
12. DATA PRIVACY AND USAGE
Your use of the Membership
Service is subject to Erchonia's Privacy Policy, which describes how we
collect, use, and protect your personal information and Device usage data. By
subscribing, you consent to the collection and use of such information as described in our Privacy Policy, available at ww.mitocollar.com/privacy.
Erchonia may collect and analyze aggregated, anonymized usage data to improve the Membership Service,
develop new features, and conduct research. This data does not personally
identify you or your pet.
13. INTELLECTUAL PROPERTY
All content, features, and
functionality of the Device firmware, any management software, and the
Membership Service, including but not limited to software, algorithms, data
compilations, and the design, selection, and arrangement thereof, are owned by
Erchonia or its licensors and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property
laws.
Your Membership grants you a
limited, non-exclusive, non-transferable, revocable license to operate your
Device solely for your personal, non-commercial use in accordance with these
Terms. You may not:
• Modify, copy, distribute, transmit, reproduce, license, create derivative works from, transfer, or sell any software, firmware, or services related to the Device or Membership Service;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of any Device firmware or related software;
• Use the Device or Membership Service to develop a competing product or service; or
• Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Device or in any related software.
14. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE MEMBERSHIP SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
ERCHONIA DOES NOT WARRANT THAT:
• THE MEMBERSHIP SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
• DEVICE OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY RESULTS OR DATA OBTAINED FROM USE OF THE DEVICE WILL BE ACCURATE OR RELIABLE;
OR
• ANY DEFECTS IN THE MEMBERSHIP SERVICE WILL BE
CORRECTED.
Some states do not allow the
exclusion of implied warranties, so the above exclusion may not apply to you.
This warranty disclaimer applies only to the Membership Service and does not
affect the Limited Warranty Policy applicable to the Device hardware.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL ERCHONIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR:
• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• ANY DAMAGES RESULTING FROM: (a) YOUR USE OR INABILITY TO USE THE MEMBERSHIP SERVICE OR OPERATE THE DEVICE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (d) ANY OTHER MATTER RELATING TO THE MEMBERSHIP SERVICE;
• WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ERCHONIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ERCHONIA'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE MEMBERSHIP TERMS OR YOUR USE OF THE MEMBERSHIP
SERVICE EXCEED THE AMOUNT YOU PAID TO ERCHONIA FOR THE MEMBERSHIP SERVICE IN
THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
16. INDEMNIFICATION
You agree to defend, indemnify,
and hold harmless Erchonia, its officers, directors, employees, agents,
affiliates, and licensors from and against any claims, liabilities, damages,
losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
• Your use or misuse of the Membership Service or Device;
• Your violation of these Membership Terms;
• Your violation of any rights of another party, including any third-party
intellectual property rights; or
• Your violation of any applicable laws, rules, or regulations.
17. FORCE MAJEURE
Erchonia shall not be liable
for any delay or failure to perform its obligations under these Membership
Terms due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemics, labor disputes, governmental actions, supplier failures, or disruptions in transportation,
communication networks, or internet infrastructure.
18. SEVERABILITY
If any provision of these
Membership Terms is held to be invalid, illegal, or unenforceable under
applicable law, such provision shall be modified to the minimum extent
necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
19. WAIVER
No waiver of any term or
condition of these Membership Terms shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition.
Erchonia's failure to assert any right or provision under these Terms shall not
constitute a waiver of such right or provision.
20. ASSIGNMENT
You may not assign, transfer,
or delegate these Membership Terms or your rights and obligations hereunder
without Erchonia's prior written consent. Any attempted assignment in violation of this provision shall be void. Erchonia may freely assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
21. GOVERNING LAW AND DISPUTE RESOLUTION
These Membership Terms shall be
governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles.
Any disputes arising out of or
relating to these Membership Terms shall be resolved in accordance with the
dispute resolution procedures set forth in the MitoCollar™ Terms &
Conditions of Use.
22. ENTIRE AGREEMENT
These Membership Terms,
together with the MitoCollar™ Terms & Conditions of Use, the MitoCollar™
Limited Warranty Policy, and Erchonia's Privacy Policy, constitute the entire
agreement between you and Erchonia regarding the Membership Service and supersede all prior or contemporaneous understandings, agreements, representations, and
warranties, both written and oral, regarding such subject matter.
23. CONTACT INFORMATION
For membership management,
billing questions, or support:
Email: support2@mitocollar.com
Website: www.mitocollar.com
Membership Portal: subscription.mitocollar.com
Mailing Address: Erchonia
Corporation, 112 Southchase Blvd, Fountain Inn, SC 29644
ACKNOWLEDGMENT
OF MEMBERSHIP TERMS
By purchasing, activating, or using a MitoCollar™ Membership, you acknowledge that you have read, understood, and agree to be bound by these Membership Terms.