Terms and Conditions

“Zappy Health Terms and Conditions

(DBA: Zappy Health™)

Last updated: April 10th, 2023

WE DO NOT REPLACE EMERGENCY MEDICAL SERVICES. IN CASE OF A MEDICAL EMERGENCY, SEEK IMMEDIATE MEDICAL CARE IN-PERSON OR CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.

Acknowledgment and Agreement to Terms and Conditions

Upon clicking “I Agree”, checking the corresponding box, or utilizing our services (defined below), you assert your understanding, acceptance, and agreement to these terms and conditions. If these terms and conditions are not understood or agreed upon, you are not permitted to access or use our services. If you permit a third party to accept these terms and conditions on your behalf by clicking the “I Agree” button or through any other means, you grant them agency authority.

Binding Arbitration Notice: You agree that all disputes between you and us (including, but not limited to our agents, contractors, employees, officers, shareholders), and/or any affiliated individuals or groups (including, but not limited to medical providers, nursing providers, and other affiliated third-parties), arising from these terms and conditions or the service, will be resolved via binding, individual arbitration. By agreeing, you relinquish your rights to a jury trial and/or to participate in a class-action lawsuit or class-wide arbitration, as detailed below.

This agreement is subject to changes as further explained below.

We reserve the right to alter these terms as needed and in accordance with the law. This may involve changes, additions, or removals in response to legal, business, or competitive environment, among other reasons not listed here.

Kare Solutions and/or its subsidiaries (collectively, “Kare Solutions,” “we,” or “us”) own and operate the website located at www.ZappyHealth.com (collectively, the “Platform”). Your access and/or use of the Platform, or any associated elements (including, but not limited to products, services, websites, software applications, mobile applications, content generated by us and/or any affiliated third-party, the “Service”) are governed by these Terms and Conditions (the “Terms and Conditions” or the “Agreement”).

Carefully read this Agreement as it outlines crucial terms about the Services you are agreeing to. In this agreement, terms such as “you”, “yours” refer to the individual or entity using the Service.

Telehealth Consent

Telehealth utilizes electronic communications to connect patients and providers for remote delivery of healthcare services. Like all medical procedures, telehealth carries potential benefits and risks. Telehealth should not replace in-person medical care for all cases or conditions. If you do not accept the associated risks of Telehealth, seek in-person care. As part of the onboarding process, you can agree to a Medical Consent form that includes consent to telehealth treatment. By using the Services, you agree and acknowledge that Kare Solutions is a third-party beneficiary of the Medical Consent and has the right to enforce it against you.

Minors Usage

The Service is not designed for usage by anyone under the age of eighteen (18). Anyone under the age of eighteen (18) is forbidden from using any part of the Service and/or the Platform, with the exception of reading these Terms and Conditions.

Your Relationship with Us

Through our Service, we provide certain products and services sold and/or offered by us and by third-party providers (medical and/or nursing care), pharmacies, diagnostics laboratories, and other vendors.

We provide prescription fulfillment services via third-party pharmacies (the “Pharmacies”) and laboratory services via third-party diagnostic laboratories (the “Labs”). We may also provide you with access to a network of independent third-party providers and/or medical groups (the “Providers”). These providers offer certain independent medical and/or nursing services. By accepting these Terms and Conditions, you acknowledge and agree that any services or products received from these individuals and/or groups are also bound by this Agreement and that they are third-party beneficiaries of this Agreement.

No Medical-Relationship

Kare Solutions does not control or interfere with the practice of medicine, nursing, or any such care by any providers. All providers are independently and solely responsible for managing the medical care and/or treatments they provide to you. By accepting this Agreement, you understand and agree that Kare Solutions is not acting as a healthcare provider and that you are not entering into a patient-provider relationship with us. However, you may be entering into a patient-provider relationship or other such relationship with one or more Providers.

No Pharmacy-Relationship

By accepting this Agreement, you understand and agree that Kare Solutions is not acting as a pharmacy, nor do we control or interfere with any such services. You may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with one or more such third-party entities and authorize the aforementioned to access your prescription records through a Controlled Substances Prescription Management Program (CSPMP) or any other such program as is required by law and/or under the discretion of the Pharmacy.

Consent to the Use of Messaging

You understand and agree that Kare Solutions, along with third-party Providers and Pharmacies, may receive and respond to messages about your treatment via email, text messages (SMS/MMS), phone calls, and voicemails (collectively, “Communications”). Kare Solutions and its affiliates are not responsible for the content or security of these communications. Some or all of the Communications may be unrelated to your treatment, such as marketing and advertising Communications.

Consent to Pay for Services

Kare Solutions and/or its subsidiaries are not currently enrolled with, accepting, or participating in any state, local, or federal healthcare and/or health insurance programs. You acknowledge that you, Kare Solutions, the Providers, the Pharmacies, and other affiliated entities may not receive payment from any such programs for any of the services or products provided by Kare Solutions or any affiliated entities. By engaging with Kare Solutions and using the Services, you are choosing to obtain service solely on a cash-basis, and you have sole financial responsibility for paying the costs associated with the Services.

Consent to Subscription Billing

All services available for purchase through Kare Solutions are offered on an automatically renewing subscription basis. Your payment method will be charged automatically at regular intervals (displayed during the onboarding process) until you cancel your subscription plan. You may cancel your future subscription at any time before your payment is processed by emailing support@ZappyHealth.com directly requesting a cancellation.

Consent to Bundling Billing

For simplicity, costs and fees associated with the Service from Kare Solutions and all third-party affiliates will be bundled into one subscription charge to your payment method. A detailed invoice is available upon request.

Prescription Only Products

Some of the Products and Services offered via the Platform require a valid prescription. Payment does not guarantee the writing or dispensing of any prescription medications. You will not be offered a prescription unless you have completed a medical intake form, established a patient-provider relationship with a Provider, completed a medical consultation with said Provider, and have an established medical need for said prescription.

Risks and Disclosures

You agree that you have read and understood the information provided about any prescribed medications available from the FDA, and on our website. Your use of any prescription medication, reliance on any provider, or reliance on any information provided by Kare Solutions is solely at your own risk. You agree to consult with your healthcare provider for any health problem and to use any prescription medications under the supervision of your healthcare provider.

Electronic Signature Consent

By accepting these Terms, you acknowledge and agree that you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking the box, you waive that right. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature.

Termination

You may terminate this Agreement at any time by sending a written notice of termination to support@ZappyHealth.com. Your notice of termination will be effective upon receipt by us. Upon termination, you will no longer have access to the Services, but you will remain responsible for all fees, charges, and any other obligations you have incurred through the date of termination.

We may terminate this Agreement, deny you access to the Services, or cease providing you with all or part of the Services at any time, without notice, for any reason, including, but not limited to, if we believe in our sole judgment that you have breached this Agreement or acted inconsistently with the spirit of this Agreement. Upon termination, you will cease all use of the Services, and we may delete any information or content that you posted or submitted.

Limitation of Liability

IN NO EVENT SHALL KARE SOLUTIONS OR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS, OR INFORMATION, EVEN IF KARE SOLUTIONS OR SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold Kare Solutions, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Kare Solutions with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kare Solutions with respect to the Services.

We may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Your continued use of our Services constitutes your agreement to all such Terms and Conditions.