Effective Date: January 26, 2025
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.
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.
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.
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.
(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.
To access and use the Services provided by Zappy Health, you must meet the following minimum eligibility requirements:
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.
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.
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.
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.
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.
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.
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.
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.
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.
By using Zappy Health’s Services, you acknowledge and agree to the following:
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.
(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.
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.
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.
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.
If you enroll in a subscription service, your payment method will be charged automatically at the intervals specified at the time of enrollment.
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.
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.
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.
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.
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:
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.
You acknowledge that Zappy Health has no responsibility for the services provided by the selected pharmacy.
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.
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.
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.
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.
To ensure safe and effective treatment, patients are required to complete their monthly follow-up questionnaire.
If your monthly invoice is paid but we have not received your completed follow-up questionnaire, your medication will be refilled at the same dose as your last prescription. Your payment will serve as consent for this refill.
Please complete your monthly questionnaire in order for your provider to assess your progress and adjust your treatment plan if needed.
If no follow-up is received within three (3) consecutive months, your care will be placed on pause until the required follow-up information is provided. This safeguard helps us ensure your treatment plan remains appropriate and safe.
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.
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.
(d) sms service providers for message delivery and delivery confirmation tracking.
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.
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.
You have the following rights concerning your PHI:
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.
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.
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.
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.
zappy health collects and retains data related to sms communications, including:
(a) mobile phone numbers and carrier information
(b) message delivery status and timestamps
(c) opt-in and opt-out preferences and dates
this data is retained for compliance with healthcare regulations and communication records requirements.
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.
you are also responsible for:
(g) maintaining an accurate mobile phone number in your account for sms notifications
(h) ensuring your mobile device can receive sms messages
(i) notifying zappy health promptly if your mobile phone number changes
(j) maintaining the security of your mobile device to protect sensitive health information received via sms
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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:
Users are encouraged to independently verify the licensing, accreditation, and compliance of the dispensing pharmacy before completing payment or accepting medications.
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.
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:
(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.
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.
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.
Zappy health relies on third-party sms service providers for message delivery. zappy health does not guarantee:
(a) timely delivery of sms messages
(b) delivery of messages to all mobile devices or carriers
(c) availability of sms services during network outages or carrier issues
users should not rely solely on sms notifications for time-sensitive healthcare matters and should contact zappy health directly for urgent communications.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Zappy Health may provide notices, updates, or communications regarding the Services or these Terms through the following methods:
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.
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.
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.
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.
(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.
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.
(a) sms messages from zappy health will clearly identify the sender as “zappyhealth” or similar identifier
(b) messages will include opt-out instructions where required by law
(c) sms communications will be limited to transactional healthcare-related content only
(b) messages will include opt-out instructions where required by law
(d) no marketing or promotional content will be sent via sms without separate explicit consent
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.
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.
(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.
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.
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.
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.
Zappy Health complies with the Digital Millennium Copyright Act (“DMCA”) and will respond to notices of alleged copyright infringement in accordance with applicable laws.
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.
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.
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.
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.
Zappy Health reserves the right to remove, disable, or restrict access to any Third-Party Service at its sole discretion and without notice.
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.
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.
(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.
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. sms communications compliance: you agree that zappy health’s sms communications comply with the telephone consumer protection act (tcpa), can-spam act, and other applicable telecommunications laws. you acknowledge that you have provided express written consent to receive sms messages for healthcare-related purposes.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Force Majeure Notifications: Notifications of force majeure events will be communicated via email, platform notifications, or other available channels.
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.
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.
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.
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.
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
