Terms and Conditions

Zappy Health Terms of Service

Effective Date: January 4, 2025

Welcome to Zappy Health. By using our services, you agree to the following Terms of Service. Please read these terms carefully, as they constitute a legally binding agreement between you and Kare Solutions (doing business as Zappy Health). If you do not agree to these terms, you may not use our services.

1. Overview of Services

Kare Solutions (dba Zappy Health) operates as a platform that connects patients with third-party services, including medical consultations with licensed professionals, personalized weight loss programs, and medication management services. 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. Zappy Health itself is not a pharmacy.

2. Emergency Disclaimer

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.

3. Binding Arbitration Clause

All disputes between you and Zappy Health (including its agents, contractors, employees, officers, and affiliates), arising from these Terms of Service or the use of services, will be resolved via binding, individual arbitration. By agreeing, you waive your rights to a jury trial and to participate in a class-action lawsuit or class-wide arbitration.

4. Messaging Consent

You consent to receive communications from Zappy Health, its Providers, and affiliated third-party pharmacies through email, text messages (SMS/MMS), phone calls, and voicemails (collectively, “Communications”). Zappy Health is not responsible for the security of these communications. Marketing and advertising communications may also be sent, unrelated to your treatment.

5. Limited Use and Availability

Our services are available only to individuals who:

• Reside in states where Zappy Health operates.

• Are at least 18 years old (or the age of majority in their jurisdiction).

• Minors (13-17) may use the service for acne-related consultations with parental or guardian consent.

By accessing our services, you agree that:

• You meet the above conditions.

• If under 18, your parent or guardian has legal authority to provide consent.

• You will comply with all applicable laws and use the service only as intended by Zappy Health.

• Certain products/services may have additional age or regulatory restrictions.

6. Patient Agreement and Responsibilities

6.1 Intake and Check-In Forms

• Patients must complete an accurate intake form before their first consultation and a monthly check-in form to renew prescriptions.

• Zappy Health is not responsible for delays due to inaccurate or outdated information.

6.2 Terms and Refund Policy Acknowledgment

• Patients must agree to the Terms of Service and Refund Policy before purchasing services. Proof of agreement is retained by Zappy Health.

6.3 Address Accuracy

• Patients are responsible for providing an accurate shipping address. Delays caused by address changes are not the responsibility of Zappy Health.

7. Cash-Only Basis for Services

When a service is offered as a cash price, Zappy Health and its Providers do not accept or participate in any state, local, or federal health insurance programs. By choosing a cash-pay service, you acknowledge and accept responsibility for all associated costs. Providers will not submit claims or documentation to insurance on your behalf.

8. Prescription-Only Products

Payment does not guarantee a prescription. Prescriptions will only be issued after completing the intake form, establishing a patient-provider relationship, and confirming medical necessity.

9. Refund and Cancellation Policy

9.1 No Medication Refund Policy

• Medications are non-refundable once dispensed and shipped due to safety regulations. By agreeing to these terms, you acknowledge this policy.

9.2 Cancellation Policy

• Future services or auto-renewals can be canceled at any time via written request.

• Cancellations cannot apply retroactively to medications or services already provided.

• Cancellation requests are subject to verification and take effect at the end of the current billing cycle unless otherwise specified.

10. Community Conduct and Removal Policy

10.1 Standards of Conduct

• Patients must behave respectfully in community chats or customer forums. Disruptive behavior, harassment, or discriminatory language is prohibited.

10.2 Removal from Community Chats

• Zappy Health may remove users from community chats at its discretion to maintain safety and professionalism. This does not affect access to essential Telehealth services.

11. Legal Disclaimers

11.1 No Pharmacy Relationship

• Zappy Health is not a pharmacy and does not control pharmacy services. Your relationship with a pharmacy is independent of Zappy Health.

11.2 Limitation of Liability

• Zappy Health is not liable for indirect, special, incidental, or consequential damages arising from use of services, including loss of revenue or data.

12. Chargeback Disputes

• Zappy Health reserves the right to challenge chargeback disputes and may provide documentation to third parties to validate services rendered. Frivolous or fraudulent claims may result in additional documentation requirements.

13. 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.

14. No Pharmacy Relationship

• Zappy Health coordinates with third-party licensed pharmacies to dispense and ship prescribed medications directly to patients.

• The pharmacy is solely responsible for compounding, dispensing, shipping, and ensuring compliance with all legal and regulatory requirements. Some compounding pharmacies may use 503B Central Fill facilities for bulk medication preparation.

• Zappy Health does not oversee the day-to-day operations of pharmacies. Concerns about medication provenance, lot numbers, or storage must be directed to the pharmacy.

Shipping Issues:

• Zappy Health is not liable for shipping delays caused by third-party pharmacies, carriers, or external events (e.g., lost packages, weather delays).

• Refunds or replacements will not be issued for issues such as delays, theft, or damage during transit.

• Medications cannot be returned or refunded once labeled, shipped, and delivered due to legal health restrictions.

15. Patient Assumption of Risk for Compounded Medications

• By using compounded medications prescribed through Zappy Health, you accept all associated risks. Compounded medications are not FDA-approved, and their safety and efficacy have not been evaluated by the FDA. Providers will assess suitability, but patients assume responsibility for outcomes.

16. Risks and Disclosures

• Patients are responsible for understanding prescribed medications. Consult with healthcare providers for any concerns.

17. Prior Authorizations and Insurance

• Zappy Health assists with prior authorizations but cannot guarantee insurance coverage. Patients must verify benefits before Zappy Health initiates prior authorization requests.

18. Telehealth Consent

• Telehealth services involve electronic communication and are not a substitute for in-person care in all cases. By using these services, you consent to telehealth practices and acknowledge associated risks.

19. Duty to Provide Information, Access, and Connectivity

• Patients must:

  • Provide truthful, accurate, and complete information.

  • Maintain appropriate devices and internet access.

  • Cover any connectivity costs.

20. Subscription and Payment Terms

20.1 Subscription Billing

• Services are billed on a subscription basis. Charges are automatic until canceled. Cancellation requests must be submitted before the next billing cycle.

20.2 Bundling Billing

• Subscription charges may include services from Zappy Health and third-party affiliates.

21. Electronic Signature Consent

• By accepting these Terms, you consent to electronic signatures. Paper copies can be requested if needed.

22. Termination of Agreement

• Either party may terminate this agreement with written notice. Termination does not absolve obligations for incurred charges.

23. Force Majeure

• Zappy Health is not liable for delays caused by unforeseen events such as natural disasters or infrastructure failures.

24. Updates to Terms of Service

• These Terms of Service may be updated periodically. Major changes will be communicated to users.

By using Zappy Health, you agree to these terms. For questions, contact us at solutions@zappyhealth.com.