Effective Date: January 26, 2025
1.Introduction
Welcome to Zappy Health. These Terms and Conditions (“Terms” or “Agreement”) govern your access to and use of the services, applications, and websites (collectively, the “Services”) provided by Kare Solutions, LLC, dba “Zappy Health” (“Zappy Health,” “Zappy,” “we,” “our,” or “us”). By utilizing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, you are expressly prohibited from accessing or using the Services.
Zappy Health operates as a technology platform that facilitates communication between individuals and independent, licensed healthcare providers (“Providers”) and coordinates the fulfillment of prescriptions through licensed third-party pharmacies (“Partner Pharmacies”). Zappy Health does not practice medicine or provide medical, diagnostic, or pharmaceutical services. All medical advice, treatment, and prescription decisions are rendered exclusively by the Providers in their independent professional judgment. Similarly, all prescriptions dispensed through the platform are fulfilled by Partner Pharmacies, each of which is solely responsible for the professional services they provide.
Zappy Health does not establish a provider-patient or pharmacy-patient relationship. The healthcare providers and Partner Pharmacies available through Zappy Health are independent entities, and their services are rendered under their own professional judgment and responsibility. Zappy Health’s role is solely to facilitate connections between users and these entities. Any medical or pharmaceutical decisions, including the issuance of prescriptions, are made solely by the respective Providers and Partner Pharmacies. Zappy Health disclaims any liability for the medical or pharmaceutical services provided through its platform.
Accessing the Services includes viewing the website or app, even without creating an account. By accessing or using the Services, even without registration, you agree to these Terms.
Accessibility: Zappy Health is committed to ensuring the accessibility of these Terms and Conditions. If you require this document in an alternative format, such as braille, large print, or screen-reader compatible text, please contact us at our customer service section on the website.
Privacy Policy Updates: The Privacy Policy incorporated herein is subject to periodic updates. Zappy Health will notify users of any significant changes via email or platform notifications.
2. Services Overview
2.1 Nature of the Services
Zappy Health is a telehealth platform designed to facilitate communication between users and licensed healthcare providers (“Providers”) and coordinate prescription fulfillment through licensed third-party pharmacies (“Partner Pharmacies”). The Services are intended for non-emergency healthcare needs, enabling users to consult Providers remotely via secure, HIPAA-compliant systems.
Zappy Health facilitates communication between users, independent healthcare providers, and Partner Pharmacies. Zappy Health does not establish a provider-patient or pharmacy-patient relationship. All healthcare and pharmaceutical services provided through the platform are rendered solely by the respective Providers and Partner Pharmacies, who bear full responsibility for their professional services.
2.2 Community Chat
Zappy Health may offer a community chat feature (“Community Chat”) to facilitate user engagement, discussion, and support among members. The Community Chat is provided as an optional, non-medical feature of the Services and is not a substitute for professional medical advice, diagnosis, or treatment.
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Non-Medical Nature: Content shared in the Community Chat, including user-generated posts, comments, or advice, is not reviewed, endorsed, or verified by Zappy Health or licensed healthcare providers. Users should not rely on the Community Chat for medical or professional advice and are encouraged to consult a licensed healthcare provider for any health-related questions or concerns.
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Moderation and Discretion: Zappy Health reserves the right to monitor, moderate, and manage the Community Chat to maintain a safe and respectful environment. At its sole discretion, Zappy Health may:
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Remove posts, comments, or other user-generated content that violates these Terms or the Community Chat guidelines.
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Temporarily or permanently suspend or revoke access to the Community Chat for users who engage in prohibited conduct, violate these Terms, or disrupt the community.
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Modify, suspend, or discontinue the Community Chat feature at any time, with or without prior notice.
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Disclaimer of Liability: Zappy Health disclaims all liability for content shared in the Community Chat, including user-generated content, and does not guarantee the accuracy, reliability, or safety of such content. By participating in the Community Chat, you acknowledge and accept these limitations.
2.3 Types of Services Provided
Through the Zappy Health platform, you can:
(a) Access virtual consultations with Providers for a range of non-urgent medical conditions.
(b) Receive prescriptions, if deemed clinically appropriate by a Provider, which can be fulfilled through Partner Pharmacies or transferred to a pharmacy of your choice.
(c) Manage your health records and treatment plans securely via your account.
2.4 Limitations of the Services
(a) No Emergency Care: Zappy Health is not a substitute for emergency or urgent care. If you are experiencing a medical emergency, call 911 or visit the nearest emergency facility.
(b) Telehealth Limitations: Certain conditions may require in-person evaluation or treatment. Providers on the platform will make this determination based on the information you provide.
(c) No Guarantee of Prescription: Providers are not obligated to issue prescriptions. All treatment decisions are made solely at the discretion of the Provider.
(d) No Provider or Pharmacy Relationship: Zappy Health does not provide medical or pharmaceutical services and does not form a provider-patient or pharmacy-patient relationship. The role of Zappy Health is limited to connecting users with independent healthcare providers and licensed Partner Pharmacies.
3. Eligibility and Access
3.1 Minimum Requirements
To access and use the Services provided by Zappy Health, you must meet the following minimum eligibility requirements:
(a) Age: You must be at least 18 years old, or the legal age of majority in your jurisdiction, to create an account and use the Services. By accessing the Services, you represent and warrant that you meet this age requirement. If you are under the age of majority, you may not use the Services under any circumstances.
(b) Residency: The Services are available only to individuals residing in states or jurisdictions where Zappy Health operates. It is your responsibility to ensure that your use of the Services complies with all applicable local, state, and federal laws.
(c) Legal Capacity: By agreeing to these Terms, you confirm that you have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
3.2 Device and Internet Access
To use the Services, you must have compatible computing or mobile devices with access to a stable internet connection and certain software requirements, which may be updated periodically. Zappy Health is not responsible for your inability to access the Services due to hardware or software incompatibilities, connectivity issues, or failures related to third-party service providers.
3.3 User Information
When accessing the Services, you are required to provide accurate, complete, and up-to-date personal and health information. Any failure to comply with this requirement may result in denial of access to the Services, suspension of your account, or other corrective actions at Zappy Health’s sole discretion.
3.4 Prohibited Access
The Services are not available to individuals who:
(a) Have been previously suspended or banned by Zappy Health for violations of these Terms.
(b) Attempt to access the Services from jurisdictions where Zappy Health is not authorized to operate.
(c) Use the Services for fraudulent, unlawful, or unauthorized purposes, using false identities, submitting false medical information, or attempting to access restricted accounts.
Zappy Health reserves the right to deny access to the Services to any individual for any reason at its sole discretion, including but not limited to a determination that the individual does not meet the eligibility criteria. Users must confirm during registration that they meet the legal requirements for telehealth in their jurisdiction. Misrepresentation may result in account suspension or legal action.
Periodic Eligibility Verification: Zappy Health may request users to reconfirm their eligibility, including residency and other requirements, periodically to ensure continued compliance with local laws.
4. Registration and Account Creation
4.1 Account Creation Requirements
To access certain features of the Services, you must create a user account by providing accurate, complete, and up-to-date information, including your full name, email address, phone number, and any other details requested during registration. By creating an account, you represent and warrant that:
(a) The information you provide is truthful and accurate.
(b) You are registering for the Services for your personal use and not on behalf of any third party without authorization.
(c) You will maintain and promptly update your information to ensure its accuracy.
Zappy Health reserves the right to verify your identity during or after registration. Accounts created with false, incomplete, or unverifiable information may be suspended or terminated without notice.
4.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:
(a) Use a strong, unique password and update it regularly.
(b) Notify Zappy Health immediately if you suspect unauthorized access to your account.
(c) Exit your account at the end of each session, especially when using shared or public devices.
Zappy Health is not liable for losses resulting from unauthorized access to your account due to your failure to safeguard your credentials.
4.3 Termination and Suspension
Zappy Health reserves the right to suspend or terminate your account, with or without notice, under the following circumstances:
(a) You provide false, incomplete, or outdated information during registration or while using the Services.
(b) You engage in fraudulent, unlawful, or prohibited activities as defined in these Terms.
(c) You violate any provision of these Terms or other policies associated with the Services.
In cases of suspension or termination, you will receive a written notice outlining the reason for the action. If you believe your account was wrongfully suspended or terminated, you may appeal the decision by contacting Zappy Health within 15 days of receiving the notice. If account verification fails, Zappy Health will notify you and provide instructions for reattempting verification.
Account Reactivation: Users may request reactivation of a deactivated account within 30 days of deactivation. Reactivation is subject to verification and Zappy Health’s discretion.
4.4 Inactive Accounts
Accounts with no login activity for a continuous period of 12 months may be deactivated. Before deactivation, Zappy Health will notify you via email and provide instructions for reactivating your account. If your account remains inactive after 30 days from the notification, it may be permanently deactivated, and any stored data may be deleted, subject to Zappy Health’s data retention policies and applicable laws.
4.5 Multiple and Shared Accounts
Each user is limited to one account unless explicitly authorized by Zappy Health. You may not share your account credentials with others or allow third parties to use your account. Violations of this provision may result in suspension or termination of your account.
4.6 Notification of Termination
In most cases, Zappy Health will provide at least seven (7) days’ notice before terminating your account. However, no prior notice is required for severe violations, such as fraudulent activity or threats to platform security.
5. User Consent
5.1 Telehealth Informed Consent
By using Zappy Health’s Services, you acknowledge and agree to the following:
(a) Nature of Telehealth Services: Telehealth involves the use of electronic communications, such as video, audio, or messaging, to provide medical consultations, diagnosis, and treatment. You understand that telehealth services may be limited by technology or other factors, and that certain conditions may require in-person care.
(b) Potential Risks: You acknowledge that telehealth carries potential risks, including but not limited to misdiagnosis due to incomplete or inaccurate information, technical disruptions, internet outages, or platform downtimes, or unauthorized access to your personal health information.
(c) Voluntary Participation: Your use of telehealth services is entirely voluntary, and you may discontinue use at any time.
Request for Clarification: If you require additional clarifications regarding telehealth consent or its implications, please contact us before proceeding.
Plain Language Summary: Telehealth involves remote consultations, which may have limitations compared to in-person care. Participation is voluntary, and you can withdraw consent at any time.
5.2 Consent to Data Collection and Use
(a) Collection of Health Information: You consent to the collection, storage, and use of your personal and health information by Zappy Health and its affiliated Providers and Partner Pharmacies for the purpose of delivering the Services.
(b) Transmission of Information: You authorize Zappy Health to transmit your health information to affiliated Providers, Partner Pharmacies, and other third parties as necessary to provide the Services.
(c) De-Identified Data: Zappy Health may use de-identified health information for research, quality improvement, or other lawful purposes, as permitted by applicable laws.
5.3 Acknowledgment of Responsibilities
You agree to:
(a) Provide complete and accurate information regarding your medical history, symptoms, and current medications during telehealth consultations.
(b) Follow all medical advice and treatment plans provided by licensed healthcare providers.
(c) Seek in-person care if recommended by a provider or if telehealth is deemed insufficient for your condition.
5.4 Right to Withdraw Consent
You may withdraw your consent for telehealth services or the collection and use of your personal information at any time. However, withdrawing consent may limit your ability to access or use the Services.
6. Payment and Fees
6.1 Payment Obligations
By accessing and using the Services, you agree to pay all fees and charges associated with your use, including consultation fees, prescription processing fees, subscription fees, and applicable taxes. All payments are due at the time of service or before the delivery of the requested service. Failure to pay may result in suspension or termination of your access to the Services.
6.2 Payment Methods
Zappy Health accepts payments via major credit cards, debit cards, and other electronic payment methods specified during checkout. By providing your payment information, you authorize Zappy Health or its third-party payment processors to charge your selected payment method for all fees due, including applicable recurring charges.
6.3 Subscription Services
If you enroll in a subscription service, your payment method will be charged automatically at the intervals specified at the time of enrollment.
(a) Automatic Renewals: Subscriptions renew automatically unless canceled before the end of the current billing cycle. You will receive an email reminder at least 15 days before your subscription renews.
(b) Cancellation: To cancel your subscription, you may contact customer support. Cancellations take effect at the end of the current billing cycle.
(c) Plan Changes: Zappy Health reserves the right to modify subscription plans or fees at anytime.
6.4 Refund and Cancellation Policy
(a) Refund Eligibility: Refunds are generally not available except in the following circumstances:
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Technical failures that prevent service delivery, such as inability to access the platform due to server errors or payment processing issues.
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Errors in billing or duplicate charges.
(b) Non-Refundable Services: Fees for completed consultations, issued prescriptions, and shipped medications are non-refundable unless required by law.
(c) Refund Timeline: Refunds will be issued to the original payment method within 10 business days of approval.
6.5 Failed Payments
If a payment method is declined:
(a) Zappy Health will notify you and reattempt the charge.
(b) Late fees may apply for payments more than 30 days overdue, where permitted by law.
(c) Accounts with unresolved balances may be referred to a collections agency, and you may be responsible for associated fees.
6.6 Dispute Resolution for Billing Issues
If you believe you were charged in error, you may submit a billing dispute by contacting Zappy Health within 30 days of the charge. Your dispute must include:
(a) Your full name and account details.
(b) The date and amount of the disputed charge.
(c) A description of the issue and any supporting documentation.
Zappy Health will investigate and respond to your dispute within 10 business days.
6.7 Taxes and Additional Charges
Applicable taxes and fees will be calculated based on your location and displayed at checkout. You are responsible for paying any sales, use, or other taxes associated with your use of the Services, unless exempt by law.
7. Prescriptions and Pharmacy Services
7.1 Prescription Services
Zappy Health provides access to licensed healthcare providers who may issue prescriptions based on their independent medical judgment and the information you provide during consultations. Prescriptions are issued in compliance with federal and state regulations and are subject to the prescribing provider’s discretion.
7.2 Prescription Limitations
(a) No Guarantee: The use of Zappy Health’s Services does not guarantee the issuance of a prescription. Providers may determine that medication is not medically necessary or appropriate based on their professional evaluation.
(b) Controlled Substances: Certain medications, including controlled substances, may not be available through Zappy Health due to regulatory restrictions or the nature of telehealth services.
7.3 Partner Pharmacies
Zappy Health strives to connect users with reputable and licensed Partner Pharmacies by conducting reasonable due diligence, including reviewing pharmacy licensing and compliance status during the onboarding process. However, Zappy Health does not independently monitor, validate, or guarantee the ongoing accuracy, compliance, or operational standards of Partner Pharmacies or third-party pharmacies. Users are encouraged to independently verify any concerns regarding the licensing, accreditation, or regulatory compliance of the dispensing pharmacy prior to completing payment or accepting medications.
(a) Disclaimer of Responsibility for Pharmacy Issues:
Zappy Health acts solely as a communication facilitator between users and Partner Pharmacies. Zappy Health does not monitor, verify, or validate the accuracy or compliance of pharmacy services or products. Partner Pharmacies are solely responsible for:
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Verifying prescription details before dispensing medication.
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Ensuring compliance with applicable federal, state, and local regulations.
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Addressing any issues related to the medication, such as adverse reactions, incorrect dosages, or delayed delivery.
Legal Actions and Consequences:
Zappy Health shall not be held liable for any legal or regulatory actions, investigations, or penalties involving Partner Pharmacies or third-party pharmacies, including their outcomes or impact on users. Zappy Health is not liable for operational disruptions affecting Partner Pharmacies or other third-party pharmacies. You agree that Zappy Health is not responsible for delays, interruptions, or damages resulting from such legal or regulatory issues.
User Responsibility for Pharmacy Selection:
You acknowledge that Zappy Health has no responsibility for the services provided by the selected pharmacy.
Direct Resolution of Pharmacy Issues:
For any disputes or issues related to medications, such as incorrect dispensing, damaged goods, or adverse reactions, you must contact the dispensing pharmacy directly. Zappy Health is not liable for resolving such disputes.
7.4 Medication Safety and Responsibility
(a) User Responsibilities: You are responsible for taking medications as prescribed and following all instructions provided by the prescribing Provider and dispensing pharmacy. Misuse of prescription medications can result in serious harm and is strictly prohibited.
(b) Adverse Reactions: If you experience side effects or adverse reactions to a prescribed medication, you must immediately contact your prescribing Provider or seek emergency medical care.
7.5 Prescription Accuracy and Disputes
Zappy Health works diligently to ensure the accuracy of prescription processing; however, errors may occur. If you believe there is an error with your prescription, you must notify Zappy Health or the dispensing pharmacy within 48 hours of receipt. Zappy Health and its Partner Pharmacies reserve the right to investigate and resolve disputes on a case-by-case basis.
7.6 Medication Delivery
(a) Shipping and Handling: Medications fulfilled through Partner Pharmacies may be shipped directly to your designated address. Zappy Health and its Partner Pharmacies are not liable for delays caused by shipping carriers or for medications lost or damaged in transit.
(b) Delivery Restrictions: Medications cannot be shipped to P.O. boxes or outside the jurisdictions where Zappy Health operates.
7.7 Returns and Refunds for Medications
Due to regulatory requirements, medications dispensed by Partner Pharmacies cannot be returned for resale or reuse. Refunds for medication-related charges are only available in cases of dispensing errors or damage during shipment, as verified by the dispensing pharmacy.
7.8 Compliance with Laws
You agree to comply with all applicable federal and state laws regarding the use, storage, and disposal of prescription medications. Misuse or unlawful distribution of prescribed medications is strictly prohibited and may result in legal action.
8. Privacy and Data Use
8.1 Collection and Use of Personal Health Information (PHI)
Zappy Health collects and uses your Personal Health Information (PHI) to provide telehealth services, facilitate prescriptions, and comply with legal and regulatory requirements. PHI may include, but is not limited to, your medical history, symptoms, diagnostic reports, and prescriptions. PHI is collected solely for purposes related to your healthcare, platform functionality, and compliance with applicable laws.
8.2 Data Sharing and Disclosure
Zappy Health may share your PHI with:
(a) Licensed healthcare providers for consultations and treatment.
(b) Partner pharmacies for prescription fulfillment.
(c) Third-party service providers (e.g., payment processors, IT security) under strict confidentiality agreements.
Your data will never be sold or shared for marketing purposes without your explicit consent.
User Opt-Out for De-Identified Data: Zappy Health may use de-identified data for research and quality improvement purposes. If you prefer to opt out of such usage, please contact customer support section of the website.
8.3 Data Security
Zappy Health uses industry-standard measures, including encryption, secure servers, and regular vulnerability testing, to safeguard your PHI. While we strive to maintain the highest level of security, no system can guarantee complete protection against breaches.
De-Identified Data Opt-Out Process: To opt out of de-identified data usage, submit a written request and Zappy Health will process your request within 15 business days and confirm the changes.
8.4 User Rights
You have the following rights concerning your PHI:
(a) Access: Obtain a copy of your PHI.
(b) Correction: Request corrections to inaccurate or incomplete PHI.
(c) Deletion: Request deletion of certain types of data (where applicable by law).
(d) Portability: Transfer your PHI to another healthcare provider upon request.
8.5 Breach Notification Obligations
In the event of a data breach that compromises your PHI, Zappy Health will:
(a) Notify affected users within 60 days of discovering the breach.
(b) Provide details on the nature of the breach, affected information, and steps to protect against further harm.
(c) Report the breach to regulatory authorities as required by law.
Users may request deletion of their personal health information upon account termination, subject to legal and regulatory retention requirements.
Retention Period Notifications: If legal requirements necessitate an extension of data retention periods, Zappy Health will notify affected users with details of the updated retention timeline.
8.6 Data Retention Policy
Zappy Health retains your PHI for a minimum of six (6) years, as required by HIPAA. After this period, your data will be securely deleted unless retained for legal or regulatory purposes.
8.7 Cross-Border Data Transfers
If you access the Services from outside the United States, your data may be transferred to and processed in the United States. Zappy Health ensures compliance with applicable data transfer laws, including GDPR’s Standard Contractual Clauses where required.
8.8 Limitations of Liability for Data Breach
While Zappy Health employs robust security measures, you acknowledge and accept the inherent risks of electronic communication. Zappy Health shall not be liable for unauthorized access to PHI resulting from circumstances beyond its reasonable control.
9. User Responsibilities
9.1 Accuracy and Completeness of Information
You agree to provide complete, accurate, and truthful information when using the Services, including during registration, consultations, and prescription requests. Examples of required information include, but are not limited to, your medical history, symptoms, current medications, and contact details. You are responsible for promptly updating your account and health information to ensure its accuracy. Providing false or incomplete information may result in denial of Services, suspension of your account, or other corrective actions.
9.2 Compliance with Applicable Laws
You agree to use the Services only in compliance with all applicable federal, state, and local laws, regulations, and ordinances. This includes, but is not limited to, laws governing telehealth, prescription medications, and the privacy and security of health information.
9.3 Proper Use of the Services
Prohibited Behavior: Users are prohibited from misrepresenting symptoms, falsifying information, or otherwise attempting to obtain medications fraudulently through telehealth consultations. Such actions will result in immediate account suspension and may be reported to legal authorities.
You agree not to:
(a) Access or attempt to access accounts, data, or systems that you are not authorized to use.
(b) Circumvent or attempt to circumvent security measures implemented by Zappy Health.
(c) Use the Services for any illegal, fraudulent, or unauthorized purpose, including attempting to obtain medications unlawfully.
(d) Share, resell, or transfer your account credentials or access to the Services.
(e) Impersonate other users, healthcare providers, or Zappy Health representatives.
(f) Use automated tools, bots, or scripts to access the platform or scrape data.
Reporting Violations: Users must report suspected violations of these Terms within 30 days of discovery.
9.4 Consequences of Violations
Violations of these Terms may result in:
(a) Immediate suspension or termination of your account.
(b) Reporting of illegal activities to law enforcement authorities.
(c) Liability for damages incurred by Zappy Health or third parties as a result of your actions.
(d) Legal action to recover losses or enforce these Terms.
9.5 Responsibility for Devices and Security
You are responsible for ensuring that your device is compatible with Zappy Health’s platform and that it is secure and free from malware or other vulnerabilities. Zappy Health is not responsible for interruptions or issues caused by user-side devices, internet connectivity, or third-party service providers.
9.6 Reporting Issues or Violations
If you encounter technical issues or suspect that a violation of these Terms has occurred, you must report the issue promptly by contacting Zappy Health at the customer service section of the website. Reports should include a detailed description of the issue, relevant dates, and any supporting evidence.
9.7 Liability for Non-Compliance
You agree to indemnify, defend, and hold harmless Zappy Health, its affiliates, and their respective officers, employees, and agents from any claims, damages, or losses arising out of your failure to comply with these Terms. This includes, but is not limited to, unauthorized use of the Services, sharing of account credentials, or engaging in prohibited conduct.
9.8 User Acknowledgment for Pharmacy Issues
By using Zappy Health’s Services, users acknowledge and agree that Zappy Health is not responsible for the accuracy, safety, or legality of medications or the operations of Partner Pharmacies or other third-party pharmacies. Users further agree to hold Zappy Health harmless from any claims, disputes, or damages arising from pharmacy-related issues, including but not limited to indirect, incidental, or consequential damages. Users are solely responsible for addressing disputes directly with the dispensing pharmacy, including seeking refunds or correcting errors.
By accessing Zappy Health’s Services, you acknowledge and accept the following:
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Partner Pharmacies and other third-party pharmacies are independently operated entities, and Zappy Health does not oversee, manage, or regulate their operations.
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Zappy Health is not liable for any legal actions, regulatory penalties, or investigations involving Partner Pharmacies or their consequences, including operational disruptions that may affect your prescriptions or their timely delivery.
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You are solely responsible for verifying the accuracy of your prescription upon receipt and addressing any concerns directly with the dispensing pharmacy.
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Any disputes, claims, or issues related to medication quality, safety, delivery, or fulfillment must be resolved directly with the dispensing pharmacy.
10. Disclaimers and Limitations of Liability
10.1 General Disclaimer
Zappy Health provides the Services on an “as-is” and “as-available” basis without any warranties of any kind, express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or availability. Zappy Health does not guarantee that the Services will be uninterrupted, error-free, or free from technical issues. By using the Services, you acknowledge and accept these limitations.
10.2 Medical Disclaimer
Zappy Health does not provide medical advice, diagnosis, or treatment. All healthcare services facilitated through the platform are delivered by independent licensed healthcare providers who are solely responsible for their professional judgment and actions. Telehealth services have inherent limitations, including the inability to perform physical examinations, and may not be suitable for all conditions. Users are encouraged to seek in-person care when recommended by a Provider or in cases of emergency.
10.3 Pharmacy Disclaimer
Zappy Health facilitates communication between users and independent Partner Pharmacies but does not oversee, monitor, or regulate their operations. Partner Pharmacies are independently operated entities, and Zappy Health does not guarantee the quality, accuracy, legality, or compliance of their services. By using the Services, you acknowledge and agree to the following:
(a) Zappy Health is not responsible for the operations of Partner Pharmacies, including their compliance with federal, state, or local laws and regulations.
(b) Zappy Health is not liable for any issues arising from medications dispensed by Partner Pharmacies or third-party pharmacies, including but not limited to:
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Errors in prescription fulfillment, such as incorrect dosages or medications.
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Delayed or failed delivery of medications.
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Adverse reactions or side effects caused by medications.
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Loss, theft, or damage to medications after they are shipped.
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Legal actions, regulatory penalties, or investigations against pharmacies.
Users are encouraged to independently verify the licensing, accreditation, and compliance of the dispensing pharmacy before completing payment or accepting medications.
10.4 User Responsibility for Pharmacy Issues
Any disputes, claims, or concerns related to medication quality, safety, delivery, or fulfillment must be resolved directly with the dispensing pharmacy. Zappy Health disclaims all liability for such disputes and encourages users to contact the dispensing pharmacy for resolution. Zappy Health is not responsible for pursuing refunds, correcting errors, or mediating disputes on behalf of users.
10.5 Limitation of Liability
To the fullest extent permitted by applicable law:
(a) Zappy Health, its affiliates, and their officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to:
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Your use of or inability to use the Services.
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Delays, interruptions, or errors in the delivery of Services.
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Actions or omissions of third-party service providers, including Partner Pharmacies.
(b) Zappy Health’s total liability to you for any claims, damages, or liabilities arising out of or related to the Services, whether in contract, tort, or otherwise, shall not exceed the greater of seven hundred fifty U.S. dollars ($750) or the total amount paid by you to Zappy Health in the three (3) months immediately preceding the event giving rise to the claim.
10.6 Exclusions for Unforeseen Events
Zappy Health shall not be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, labor disputes, or governmental actions.
10.7 Exceptions for Consumer Protections
Certain jurisdictions may not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. In such cases, the limitations in this section shall apply to the maximum extent permitted by law.
10.8 Plain Language Summary
Zappy Health connects users with healthcare providers and Partner Pharmacies, but it does not guarantee perfect outcomes or error-free services. Users are encouraged to independently verify the details of their Providers and Partner Pharmacies and to resolve any disputes directly with the relevant parties.
11. Arbitration and Dispute Resolution
Plain Language Summary: Disputes with Zappy Health will be resolved individually and through arbitration, which is faster, less formal, and more cost-effective than going to court. Class actions and group lawsuits are not permitted.
11.1 Agreement to Arbitrate
By agreeing to these Terms, you and Zappy Health agree to resolve any disputes, claims, or controversies arising out of or related to these Terms or the Services exclusively through binding arbitration. Arbitration replaces your right to go to court, and you waive your right to a trial by jury or participation in a class action lawsuit. This agreement applies to all claims, whether based on contract, tort, statute, fraud, or any other legal theory.
11.2 Arbitration Procedure
(a) Initiating Arbitration: To begin arbitration, you must send a written notice to Zappy Health at the address provided in Section 13. Your notice must include:
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Your full name and contact information.
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Your account details (if applicable).
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A detailed description of the dispute, including supporting documentation.
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The specific relief you are seeking.
(b) Arbitration Rules: Arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules. These rules are available at www.adr.org or by contacting AAA directly.
Timeline for Resolution: Arbitration proceedings should be initiated and completed within six (6) months from the date of filing, unless the arbitrator grants an extension due to extraordinary circumstances. Zappy Health will respond within 15 business days of receiving an arbitration notice.
Virtual Arbitration: Arbitration hearings will be conducted virtually unless all parties agree to an in-person proceeding.
11.3 Cost Allocation
(a) Zappy Health will cover the cost of filing fees for arbitration unless your claim exceeds $10,000 or is deemed frivolous by the arbitrator.
(b) Each party is responsible for its own attorneys’ fees unless the arbitrator awards fees to the prevailing party under applicable law.
11.4 Class Action Waiver
You agree that all disputes must be resolved on an individual basis. You may not consolidate your claim with those of others or pursue claims as part of a class, collective, or representative action. For example, if you experience a dispute with Zappy Health, you must bring your claim individually and cannot join a group lawsuit.
11.5 Opt-Out Option
You have the right to opt out of this arbitration agreement by submitting a written notice to Zappy Health within thirty (30) days of accepting these Terms. Your notice must include your full name, email address, and a clear statement of your intention to opt out of arbitration.
11.6 Exceptions to Arbitration
The following disputes are exempt from arbitration:
(a) Claims filed in small claims court, provided the claim meets the monetary and jurisdictional requirements.
(b) Claims seeking injunctive relief or other equitable remedies to protect intellectual property or prevent misuse of the Services.
11.7 Governing Rules for Arbitration
The arbitration will be conducted by a single, neutral arbitrator and administered by the AAA under its Consumer Arbitration Rules. These rules provide for a streamlined process designed to resolve disputes efficiently. You can find more information at www.adr.org.
11.8 Plain Language Summary:
Disputes with Zappy Health will be resolved individually and through arbitration, which is faster, less formal, and more cost-effective than going to court. Class actions and group lawsuits are not permitted.
12. Modifications and Termination
12.1 Modifications to the Terms
Zappy Health reserves the right to modify, amend, or update these Terms at any time, in its sole discretion. Any changes will become effective upon posting the revised Terms on the Zappy Health platform or providing notice to you through email or other communication channels. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.
(a) Material Changes: If the modifications include significant changes to your rights or obligations, Zappy Health will notify you at least 30 days before the changes take effect. Users may terminate their account without penalty if material changes negatively impact their use of the Services.
(b) User Responsibility: It is your responsibility to review the Terms periodically and ensure you are familiar with any updates.
12.2 Modifications to the Services
Zappy Health reserves the right to modify, suspend, or discontinue any aspect or feature of the Services at its sole discretion and without prior notice. This may include changes to:
(a) The availability of certain features or services.
(b) Pricing, subscription plans, or payment terms.
(c) Platform functionality or accessibility.
Zappy Health will notify users of significant changes to Services, such as feature discontinuations, through email, platform notifications, or website banners.
Examples of Non-Material Changes: Non-material changes may include updates to platform design, navigation improvements, or minor technical adjustments.
12.3 Suspension or Termination by Zappy Health
Zappy Health may suspend or terminate your account or access to the Services at any time, with or without cause, under the following circumstances:
(a) You violate these Terms or any applicable law.
(b) Your account is used in a fraudulent or unauthorized manner.
(c) Your account remains inactive for an extended period, as defined in Section 4.4.
In such cases, you will be notified in writing of the suspension or termination, except in cases of severe violations where immediate action is required.
12.4 Termination by the User
You may terminate your use of the Services at any time by discontinuing access to your account. To request deletion of your account or associated data, please contact us at the customer service section on the website. Termination does not relieve you of any payment obligations or liability for actions taken prior to termination.
12.5 Effect of Termination
Upon termination of your account:
(a) Your access to the Services will cease immediately.
(b) Any data associated with your account may be retained or deleted in accordance with Zappy Health’s data retention policies and applicable laws.
(c) Provisions of these Terms that by their nature should survive termination (e.g., intellectual property rights, disclaimers, and dispute resolution) will remain in effect.
13. Notices
13.1 Communication from Zappy Health
Zappy Health may provide notices, updates, or communications regarding the Services or these Terms through the following methods:
(a) Email: Notices may be sent to the email address associated with your account.
(b) Platform Notifications: Important announcements may be delivered through in-app notifications or alerts.
(c) Website: Changes to these Terms or the Services may be posted prominently on Zappy Health’s website.
It is your responsibility to monitor these communication channels and ensure your contact information is accurate and up-to-date. Zappy Health is not responsible for any failure to receive notices due to outdated contact details or other factors beyond our control.
13.2 User Responsibility for Notices
You agree to provide and maintain accurate contact information, including your email address, phone number, and physical address. Failure to do so may result in delayed or undeliverable communications, for which Zappy Health is not liable. If notices are undeliverable due to outdated contact information, they will still be considered effective.
13.3 Notice of Disputes
If you wish to initiate a dispute under Section 11 (Arbitration and Dispute Resolution), you must provide written notice to Zappy Health at customer@zappyhealth.com
Your notice must include:
(a) Your name and contact information.
(b) A detailed description of the dispute, including supporting documentation, if applicable.
(c) The specific relief or resolution you are seeking.
13.4 Notice to You
Any legal or administrative notices required under these Terms will be deemed delivered to you when sent to the email address or physical address associated with your account. If such notices are undeliverable due to your failure to update your contact information, they shall be considered effective nonetheless.
13.5 Governing Rules for Notices
(a) Delivery Timeframe: Notices sent via email will be deemed delivered upon transmission, provided no bounce-back or error message is received. Notices sent via physical mail will be deemed delivered five (5) business days after mailing.
(b) Confirmation of Receipt: Users may be required to confirm receipt of critical notices, such as changes to terms or legal updates, via email acknowledgment or other specified methods. Zappy Health may track email open rates or use similar methods to confirm receipt of notices. If delivery cannot be confirmed, notices will still be deemed effective if sent to the contact information on file.
13.6 Retention of Records
Zappy Health retains a record of all communications related to legal or administrative matters in accordance with its internal record-keeping policies and applicable laws.
14. Intellectual Property
14.1 Ownership of Intellectual Property
All content, materials, and features available on or through Zappy Health’s platform, including but not limited to text, graphics, logos, images, videos, audio clips, software, and the design and layout of the Services (collectively, “Zappy Health Content”), are the exclusive property of Zappy Health or its licensors. These materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
14.2 Limited License to Users
Zappy Health grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Services and Zappy Health Content solely for your personal, non-commercial purposes. This license does not grant you ownership of the underlying intellectual property or any right to modify, reproduce, or distribute Zappy Health Content.
14.3 Prohibited Uses
You agree not to:
(a) Copy, reproduce, modify, publish, or distribute Zappy Health Content without prior written permission.
(b) Reverse engineer, decompile, or attempt to extract the source code of any software used in the Services.
(c) Use Zappy Health Content for any commercial purpose without authorization.
(d) Remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed on the Services.
Violations of IP rights may result in account suspension, termination, or legal action.
14.4 Trademarks and Service Marks
All trademarks, service marks, trade names, and logos displayed on or associated with the Services, including the “Zappy Health” name and logo, are the property of Zappy Health or its licensors. Unauthorized use of these marks is strictly prohibited and may result in legal action.
14.5 User Contributions
If you submit ideas, suggestions, feedback, or other materials (“User Contributions”) to Zappy Health, you grant Zappy Health a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, and distribute your User Contributions for any purpose, including improving the Services. You represent and warrant that your User Contributions do not infringe the rights of any third party.
Content Monitoring: Zappy Health reserves the right to monitor user-generated content, such as feedback, to ensure compliance with intellectual property laws and community standards.
14.6 Enforcement of Intellectual Property Rights
Zappy Health reserves the right to take legal action against any unauthorized use, reproduction, or distribution of its intellectual property. If you believe your intellectual property rights have been infringed, you may contact Zappy Health to report the violation.
14.7 DMCA Compliance
Zappy Health complies with the Digital Millennium Copyright Act (“DMCA”) and will respond to notices of alleged copyright infringement in accordance with applicable laws.
15. Third-Party Services
15.1 Inclusion of Third-Party Services
Zappy Health’s platform may include links to or integrations with services, websites, or applications owned and operated by third parties (“Third-Party Services”). These may include:
(a) Partner Pharmacies for prescription fulfillment.
(b) Licensed healthcare providers offering telehealth consultations.
(c) Payment processors or other service providers that facilitate transactions or technical operations.
Compliance Monitoring: Zappy Health conducts periodic reviews of Partner Pharmacies and Providers to ensure compliance with applicable laws and professional standards.
15.2 Limited Control Over Third-Party Services
Zappy Health does not own, operate, or control Third-Party Services and is not responsible for their content, privacy practices, terms of service, or operational reliability. The inclusion of a link or integration does not imply endorsement or approval of the Third-Party Service by Zappy Health.
15.3 User Responsibility
Your use of Third-Party Services is solely at your own risk. You are responsible for:
(a) Reviewing and complying with the terms, conditions, and privacy policies of any Third-Party Service you access.
(b) Evaluating the quality, reliability, and appropriateness of products or services offered by Third-Party Services.
15.4 Disputes with Third Parties
If you experience issues with a Third-Party Service, such as billing disputes or service errors, you agree to resolve such matters directly with the Third-Party Service provider. Zappy Health is not obligated to mediate or intervene in disputes between you and Third-Party Services.
15.5 Limitations of Liability for Third-Party Services
To the fullest extent permitted by law, Zappy Health disclaims any liability for:
(a) Errors, delays, or failures in Third-Party Services.
(b) Losses, damages, or claims arising out of your use of or reliance on Third-Party Services.
(c) Actions, omissions, or breaches by Third-Party Service providers.
15.6 Removal of Third-Party Services
Zappy Health reserves the right to remove, disable, or restrict access to any Third-Party Service at its sole discretion and without notice.
15.7 Reporting Issues with Third-Party Services
If you encounter a problem with a Third-Party Service, you may report it to Zappy Health. While Zappy Health will attempt to address your concerns, we cannot guarantee resolution for issues outside our control.
16. Governing Law
16.1 Applicable Law
These Terms, and any disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. This choice of governing law applies regardless of your location or the location of the Services’ use.
16.2 Venue and Jurisdiction
(a) Exclusive Venue: Except as provided in Section 11 (Arbitration and Dispute Resolution), any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Wilmington, Delaware. You expressly consent to the jurisdiction and venue of these courts and waive any objections to inconvenience.
(b) International Use: If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. Zappy Health makes no representation that the Services are appropriate or available for use in all jurisdictions outside the United States.
16.3 Compliance with Laws
You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances related to your use of the Services. Any violation of such laws may result in suspension or termination of your account and may subject you to legal penalties.
16.4 Limitations by Jurisdiction
Certain jurisdictions may not allow the exclusion of warranties, the limitation of liability, or the resolution of disputes as described in these Terms. If such exclusions or limitations are prohibited by applicable law in your jurisdiction, these provisions will apply to the maximum extent permitted by law.
Conflict of Laws: If a provision of these Terms conflicts with local laws in your jurisdiction, Zappy Health will interpret the provision to comply with the applicable law while maintaining its original intent.
17. Severability
17.1 Enforceability of Terms
If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, consistent with the intent of the parties. If modification is not possible, the invalid or unenforceable provision shall be severed from these Terms.
17.2 Effect on Remaining Provisions
The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. The parties agree that the Terms shall be construed as if the invalid or unenforceable provision had never been included.
17.3 Waiver of Provisions
(a) Non-Waiver: The failure of Zappy Health to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
(b) Explicit Waivers: Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Zappy Health to be effective. Such a waiver shall not constitute a waiver of any other provisions or the same provision in other instances.
17.4 Substitution of Provisions
If a provision is deemed invalid or unenforceable, the parties agree to replace it with a valid provision that closely reflects the original intent and purpose of the invalid or unenforceable provision, to the maximum extent permitted by law.
Notice of Modification: If severed provisions are modified, Zappy Health will notify users of the updated provisions via email or platform notifications.
18. No Agency or Assignment
18.1 Independent Relationship
These Terms and your use of the Services do not create, and should not be interpreted as creating, any partnership, joint venture, agency, franchise, or employment relationship between you and Zappy Health. You agree that you are solely responsible for your actions and decisions while using the Services, and nothing in these Terms grants you authority to act on behalf of, bind, or obligate Zappy Health in any manner.
18.2 Limitations on Authority
(a) No Representation: You are not authorized to make representations, warranties, or promises on behalf of Zappy Health. Any such unauthorized representation is void and may result in legal action.
(b) No Legal Obligations: You may not enter into agreements, assume obligations, or incur liabilities on behalf of Zappy Health.
18.3 Assignment Restrictions on Users
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Zappy Health. Any attempted assignment or transfer in violation of this provision is null and void. Examples of prohibited assignments include, but are not limited to:
(a) Transferring your account to another individual or entity.
(b) Submitting claims or disputes on behalf of third parties.
(c) Selling or sharing your account credentials with others.
18.4 Zappy Health’s Right to Assign
Zappy Health reserves the right to assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, at its sole discretion and without prior notice to you. This may occur in connection with:
(a) A merger, acquisition, or sale of Zappy Health’s assets.
(b) A corporate restructuring or reorganization.
(c) Assigning operational responsibilities to affiliated or third-party entities.
18.5 Binding Effect of Assignment
(a) Successors and Assigns: These Terms shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and legal representatives.
(b) Continuation of Obligations: If Zappy Health assigns its rights or obligations, the assignee shall assume Zappy Health’s obligations under these Terms, and you agree to continue to be bound by these Terms in relation to the assignee.
18.6 Consequences of Unauthorized Assignment
Any unauthorized assignment or transfer by you will:
(a) Be deemed a material breach of these Terms.
(b) Result in immediate termination of your account and access to the Services.
(c) Subject you to potential legal action for any resulting damages or misuse.
18.7 Notification of Assignments
In the event Zappy Health assigns its rights or obligations under these Terms, reasonable efforts will be made to notify you through the contact information provided in your account or via a public notice on Zappy Health’s platform. However, failure to receive such notice does not invalidate the assignment.
18.8 Waiver of Assignment Rights by Users
By agreeing to these Terms, you waive any right to challenge Zappy Health’s assignment of its rights or obligations to a third party, including challenges based on a lack of prior notice or consent.
18.9 No Joint Obligations
The obligations and rights set forth in these Terms are solely between you and Zappy Health. No third party, including any assignee, affiliate, or service provider, is jointly liable with Zappy Health for any obligations or liabilities under these Terms, unless explicitly agreed in writing.
19. Miscellaneous Provisions
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional agreements explicitly referenced herein, constitute the entire agreement between you and Zappy Health regarding your use of the Services. They supersede all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter herein.
19.2 No Waiver
The failure of Zappy Health to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be explicitly stated in writing and signed by an authorized representative of Zappy Health.
19.3 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid provision that most closely reflects the original intent.
19.4 Force Majeure
Zappy Health shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, labor disputes, governmental actions, or other emergencies.
Examples of Force Majeure Events: Events beyond Zappy Health’s reasonable control include, but are not limited to:
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Cyberattacks or data breaches.
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Regulatory changes affecting telehealth operations.
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Internet or utility service outages caused by natural disasters.
Force Majeure Notifications: Notifications of force majeure events will be communicated via email, platform notifications, or other available channels.
19.5 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of Zappy Health. Any unauthorized assignment shall be null and void. Zappy Health may assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
19.6 Notices and Communication
(a) To Users: Zappy Health may communicate with you regarding these Terms or the Services through email, notifications within the platform, or postal mail. It is your responsibility to ensure that your contact information is accurate and up-to-date.
(b) To Zappy Health: Any notices required or permitted under these Terms must be sent in writing to customer@zappyhealth.com
19.7 Survival
Provisions of these Terms that by their nature should survive termination or expiration, including but not limited to those addressing intellectual property rights, disclaimers, limitation of liability, and dispute resolution, shall remain in full force and effect.
19.8 No Third-Party Beneficiaries
These Terms are intended solely for the benefit of you and Zappy Health. No third party shall have any rights to enforce these Terms, except as otherwise expressly stated herein.
19.9 Interpretation and Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of any provisions. Words in the singular include the plural, and vice versa, as the context requires.
20. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Services, you may contact Zappy Health at:
7660H Fay Ave, Suite 504, La Jolla, CA, 92037
Email: customer@zappyhealth.com
Zappy Health strives to respond to all inquiries within 10 business days. Urgent inquiries, such as those related to data breaches or legal disputes, will be prioritized and addressed within a shorter timeframe, typically within 3-5 business days. For faster service, please include your account details and a detailed description of your inquiry.
