Zevay

Terms of Use for Zevay, LLC Last Updated: April 30, 2025

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION SECTION BELOW. PLEASE READ CAREFULLY. ZEVAY IS A TECHNOLOGY PLATFORM THAT ENABLES USERS TO ACCESS TELEHEALTH SERVICES PROVIDED BY INDEPENDENT LICENSED MEDICAL PROVIDERS AND LICENSED PHARMACIES. ZEVAY DOES NOT PROVIDE MEDICAL ADVICE OR CARE. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. THE SERVICES ARE NOT APPROPRIATE FOR EMERGENCY OR CRISIS CARE. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. BY USING THE SERVICES, YOU AGREE TO THESE TERMS.

1. Introduction

Welcome to Zevay, LLC (“Zevay,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the websites, applications, content, products, services, and programs offered by Zevay, including coordination of services with independent healthcare professionals and licensed pharmacies (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and any additional terms and policies referenced herein, including our Privacy Policy and Notice of Privacy Practices.

2. Scope of Services

Zevay is a technology platform that facilitates your access to health and wellness-related services delivered by licensed medical professionals and pharmacies (“Provider Services”). Zevay is not a medical group, healthcare provider, or pharmacy. All clinical services accessed through the platform are provided by independent, licensed professionals via affiliated entities, such as Telegra MD. Zevay does not control or interfere with the professional judgment of any healthcare provider or pharmacy. No provider-patient relationship is established with Zevay.

3. Not for Emergency Use

The Services are not intended for emergency or urgent medical situations. If you believe you are experiencing a medical emergency or urgent condition, call 911 or seek immediate in-person care.

4. Eligibility and Account Creation

To use the Services, you must: • Be at least 18 years old; • Reside in a U.S. state where the Services are available; and • Create and maintain an accurate user account. You represent and warrant that all information you provide is true, complete, and accurate, and that you will update your account promptly with any changes.

By using the Services, you consent to receive healthcare from licensed medical providers via telehealth, which may involve the use of electronic communications (such as video conferencing, online messaging, and remote patient monitoring) to evaluate, diagnose, and treat your condition. You acknowledge that telehealth has limitations, including the inability to perform certain physical examinations or access your complete medical history. You may be required to review and accept a separate informed consent form prior to receiving Services from an affiliated provider.

By using the Services, you acknowledge and agree that: • Telehealth involves the use of electronic communications and digital technology to facilitate the delivery of healthcare services. • Your provider may rely solely on the information you submit electronically and may not have access to your full medical record or in-person observations. • The telehealth provider, in their sole clinical judgment, may determine that telehealth is not appropriate for all or part of your care and may refer you to in-person care as needed. • Telehealth does not allow for physical examinations and may limit the provider's ability to diagnose or treat certain conditions. • You are not guaranteed a diagnosis, treatment, or prescription simply by engaging with the Services. • You may withdraw your consent to receive telehealth services at any time by discontinuing use of the Services. You also consent to the use of secure video conferencing and digital communication platforms during your telehealth encounters. You understand and accept the inherent risks associated with electronic communications, including the possibility of unauthorized access or data breaches. Zevay uses reasonable administrative, technical, and physical safeguards, but no system can be guaranteed to be fully secure.

5B. No Guarantee of Clinical Outcome

Zevay and its affiliated providers do not warrant or guarantee that your use of the Services will result in any specific outcome, including a diagnosis, prescription, or successful treatment. Clinical decisions are made solely by your treating provider based on the information you provide. Zevay makes no representations regarding the safety, efficacy, or suitability of any service, treatment, or medication offered through the platform.

5C. Recordings and Quality Assurance

With your explicit prior written or digital consent, certain telehealth sessions may be recorded for quality assurance, training, or regulatory compliance purposes. Any recordings will be stored in a secure manner and accessible only to authorized personnel, in accordance with applicable laws and privacy policies.

5D. Patient Rights and Access

You have the right to: • Decline or discontinue participation in telehealth services at any time; • Request alternative in-person care, where available; • Withdraw your telehealth consent without affecting your ability to receive future care; • Access, inspect, and request a copy of your medical records, subject to applicable federal and state law; • Know the identity, licensure, and physical location of your provider. These rights are subject to local, state, and federal laws, as well as the provider's licensure and regulatory obligations.

6. Relationship with Providers and Pharmacies

Clinical care and prescription decisions are made solely by independent licensed providers. Prescriptions may be filled by your pharmacy of choice or through Zevay’s pharmacy partners: • Southend Pharmacy – 415 Westheimer Rd. Ste 103, Houston, TX 77006 • Boothwyn Pharmacy – 221 Gale Lane, Kennett Square, PA 19348 Zevay does not control the practice of medicine or pharmacy and is not responsible for medical or pharmaceutical decisions.

7. Use During Onboarding

Completion of any eligibility quiz, intake form, or self-assessment does not guarantee that you will receive clinical services, be approved for treatment, or be prescribed any medication. All medical decisions are made by licensed providers after full review of your health history and information.

8. Privacy and Data Use

Zevay’s use of your personal information is governed by our Privacy Policy and Notice of Privacy Practices. When facilitating services with independent providers, Zevay acts as a Business Associate and processor under HIPAA and applicable state law, while your healthcare provider serves as the data controller. We comply with the Health Insurance Portability and Accountability Act (“HIPAA”) to the extent we serve as a Business Associate to affiliated providers. You agree and acknowledge that certain non-health information (such as IP address, usage data, or browser type) may not be protected under HIPAA and may be used for business operations or marketing in accordance with our Privacy Policy. You acknowledge that communications via unencrypted email or SMS may not be secure, and you accept any associated risks when you opt to communicate with Zevay in this manner.

9. User Responsibilities and Conduct

You are responsible for all activity associated with your account. You agree to: • Maintain the security of your login credentials; • Notify us immediately of any unauthorized use; • Not impersonate another person or falsify information; • Not use the Services for any unlawful, harmful, or unauthorized purposes; • Not use the Services to obtain care for someone else without authorization; • Not misuse promotions, referral programs, or communications channels; • Not scrape, harvest, or use automated tools to extract data from our Services without written permission; • Not harass, abuse, threaten, or intimidate customer service staff, affiliated providers, or other users; • Not attempt to reverse engineer, decompile, or derive source code from any Zevay product or system; • Not circumvent or disable any security or access control mechanisms of the Services. Zevay reserves the right to suspend or terminate access for violations of these Terms.

10. Third-Party Services and Links

Zevay may integrate with third-party tools, labs, EMRs, pharmacy systems, or service providers. We are not responsible for the content, functionality, data handling, or terms of use of any third-party services you access via our platform.

11. Payment, Refunds, and Subscription Terms

Fees for Services are clearly disclosed at the time of purchase. By providing your payment method, you authorize Zevay and its third-party payment processors to charge for Services, including one-time purchases and subscription renewals where applicable. Subscription Services will automatically renew at the end of each billing cycle unless canceled in accordance with the cancellation procedures described below. You may cancel a subscription at any time through your online account or by emailing [email protected]. To avoid being charged for the next billing cycle, cancellation requests must be received at least three (3) business days before your renewal date. You will continue to have access to the Services through the end of the then-current subscription period. Refunds are not provided for partially used or paused subscription periods, except as required by law. All prices, features, and product offerings are subject to change at any time in our sole discretion. Taxes, shipping fees, and other applicable charges may be added and will be disclosed during checkout. You are responsible for ensuring that your payment information (e.g., card number, expiration date, billing address) is current and accurate at all times. You authorize Zevay and our payment processors to update stored payment credentials automatically if provided by your card issuer. If your payment method is declined or fails, we may attempt to charge another card on file or contact you for updated information. Zevay reserves the right to suspend or terminate your access to Services if payment cannot be collected. By submitting payment details, you represent and warrant that you are authorized to use the designated payment method. You agree to pay all fees due under your account, including those related to services rendered by independent providers and partner pharmacies. Zevay may collect these payments on behalf of affiliated providers or pharmacies. You also understand and agree that you are fully liable for all charges incurred, including any unauthorized use of your account or payment method. All purchases made through Zevay are non-refundable unless otherwise stated in these Terms or required by law. Zevay may, in its sole discretion, offer a refund, credit, or other resolution on a case-by-case basis. Offering a refund in one instance does not obligate Zevay to do so again in the future. We disclaim responsibility for (a) any fees imposed by your bank or payment provider, (b) any unauthorized use of your payment method, and (c) any delay in payment processing caused by third-party services.

12. Communications and Marketing

By providing your contact information, you consent to receive account-related and promotional communications via SMS, email, or phone. Standard carrier charges may apply. You may opt out of promotional communications at any time by following the instructions provided. Transactional messages (e.g., care updates, billing notices) are required and may not be opted out of.

13. User Representations

By using the Services, you represent and warrant that: • You are legally permitted to enter this Agreement; • You are using the Services for yourself or with proper authorization; • All information provided is truthful and accurate.

14. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind. Zevay makes no guarantees as to the availability, reliability, or effectiveness of any service, information, or outcome.

15. Limitation of Liability

To the fullest extent permitted by law, Zevay shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Services, even if advised of the possibility of such damages. Zevay’s total cumulative liability for any claim arising out of or relating to these Terms or your use of the Services shall not exceed the greater of (a) one hundred U.S. dollars (USD $100), or (b) the total amount paid by you to Zevay for the Services in the twelve (12) months preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify and hold harmless Zevay, its affiliates, partners, and service providers from any claims, damages, or liabilities resulting from your use of the Services or violation of these Terms.

17. Dispute Resolution and Arbitration

Any dispute between you and Zevay will be resolved through final and binding arbitration under the Federal Arbitration Act (“FAA”), except where otherwise required by law. You agree to waive the right to a jury trial or to participate in a class or representative action. Before commencing arbitration, you agree to notify Zevay in writing of your dispute and attempt to resolve it informally. Notice must be sent to: Zevay Legal Department, [email protected], or by certified mail to our registered address. If resolution is not reached within 30 days, either party may file arbitration with the American Arbitration Association (“AAA”) in New Castle County, Delaware, under the AAA Consumer Arbitration Rules. Arbitration must be initiated within one (1) year of the claim’s accrual, or it will be time-barred. Arbitration shall be individual only. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first agreeing to these Terms. Opting out will not affect the rest of these Terms.

18. Governing Law and Forum

These Terms are governed by the laws of the State of Delaware. If arbitration is unavailable, you agree to resolve disputes exclusively in the state or federal courts located in New Castle County, Delaware.

19. Force Majeure

Zevay is not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, labor disputes, internet outages, or government restrictions.

20. Modifications

We may update these Terms from time to time. If changes are material, we will provide notice via email or prominently through the Services. Continued use of the Services after changes take effect constitutes acceptance.

21. Miscellaneous

• These Terms constitute the entire agreement between you and Zevay. • If any part of these Terms is held invalid, the remainder remains in full force. • Zevay’s failure to enforce any provision is not a waiver of rights. • You may not assign these Terms without our consent.

22. Contact Us

If you have any questions about these Terms, please contact us: Zevay LLC [email protected]