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The following Subscription, Refund and Cancellation Policy (“Policy”) governs your purchase and use of subscription-based telemedicine services (the “Services”) offered by Zealthy, Inc. (“Zealthy,” “We,” “Us,” or “Our”) through its website or app (the “Site”). By subscribing to these Services, you agree to the terms outlined in this Policy, in conjunction with our Terms of Use (the “Terms”) and Privacy Policy.
By visiting/accessing the Site and starting your membership, clicking “I agree,” checking a related box to signify your acceptance, using any other acceptance protocol presented through the Site/Service or otherwise affirmatively accepting the Terms, you acknowledge that you have read, accepted and agreed to be bound by this Policy, as well as our Terms and Privacy Policy. We may change this Policy from time to time. If you do not agree to this Policy or the Terms, do not access the Site, create an account, or use the Services.
NOT FOR USE IN EMERGENCIES
THIS SITE DOES NOT PROVIDE ANY EMERGENCY CARE AND IS NOT A SUBSTITUTE FOR EMERGENCY MEDICAL TREATMENT OR 911 SERVICES. IF YOU OR SOMEONE ELSE HAS A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” OR CONTACT AN APPROPRIATE EMERGENCY RESPONDER. ZEALTHY DOES NOT, AND IS UNDER NO OBLIGATION TO, MONITOR OR RESPOND TO EMERGENCY COMMUNICATIONS. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.
We have the right to change or add to the terms of this Agreement at any time by posting the amended Policy on Zealthy’s website and/or mobile applications (collectively, the “Site”).
Any use of the Services after our publication of any such changes shall constitute your acceptance of the Policy as modified. However, any Dispute that arose before the modification shall be governed by the Policy (including the binding individual arbitration clause) that was in place when the dispute arose.
Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide a link to on the Site. As of now, these terms include our Terms of Use (available here on our website), our Privacy Policy (available here on our website), and our HIPAA Notice of Privacy Practices.
All such applicable terms, policies, and rules are considered part of this Policy and incorporated by reference.
The following Membership Payment Terms (“Membership Terms”) govern your access to and use of the Services provided by Zealthy as well as its provider network including, but not limited to, Bruno Health, P.A. and its affiliated medical groups (the “Provider(s)”) including health care or wellness services, communication services, facilitation of access to telehealth services, including certain on-demand app and video-based telehealth services, and other technology-enabled or personal services provided by Provider or Zealthy, (hereinafter the “Services”). Zealthy provides management and administrative services to Providers to allow Providers to focus their efforts on providing your care.
Please read these Membership Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Membership Terms. If you are accepting these Membership Terms for another person (“Family Member”) as such Family Member’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. “You” or “your” in these Membership Terms includes both the recipient of Services and the person accessing the Services on the recipient’s behalf.
a. Changes to These Membership Terms and Other Terms.
We may modify these Membership Terms from time to time. We will notify you of material changes by posting the amended terms on the Zealthy website [and the Zealthy mobile application] at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Membership Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the change. If you continue using the Services after the effective date, you will be bound by the updated Membership Terms.
Additionally, our Website Terms of Use (https://www.getzealthy.com/terms-of-use/) govern both our provision and your use of medical services provided by Providers. Please read the Website Terms of Services carefully before using any Services. Please also refer to our Privacy Policy (https://www.getzealthy.com/privacy-policy/) to learn about our privacy practices with respect to your personal information. To the extent applicable, these other terms are incorporated herein by reference in these Membership Terms.
b. Acknowledgement of Membership Fees
Zealthy charges a membership fee (the “Membership Fee”) for access to certain features of Services. The Membership Fee may be modified by Zealthy from time to time. The Membership Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services typically not covered by or billed to insurance. The Membership Fee does not inherently include the cost of medication and pharmacy fulfillment, which are additional costs. For clarity, the Zealthy Semaglutide + Doctor and Zealthy Tirzepatide + Doctor programs include both the cost of medication and pharmacy fulfillment along with the membership charge. Membership services can include, by way of example, personal services such as insurance and billing navigation, specialist booking and referral management, and digital tools. In some cases, Zealthy weight loss members may be required to sign up for multiple months membership in order to receive an amount of appropriately prescribed medication that will enable continuity of care. You can access some Services without payment of this Membership Fee. By requesting and proceeding with the Services, you acknowledge and consent to the terms of this Policy.
The Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Membership Fee.
c. Fees – Other Charges and Fee Changes
You agree to pay all other fees and charges associated with your use of Services, for example (but not limited to), the Membership Fee, any no-show fees, late rescheduling fees, cost of prescriptions, delivery charges, and/or any diagnostic testing recommended by the Provider. By using the Services and incurring such other fees, you authorize us to bill and charge your payment method (your "Payment Method") on file for such other fees in full.
We may change our fees at any time. We will provide you with advance notice of these fee changes. New fees will not apply retroactively. If you do not agree with the fee changes, you have the right to reject the change by canceling the applicable Services in accordance with these Membership Terms.
d. Your Financial Responsibility
You agree to pay Zealthy all applicable charges at the prices then in effect for the Services provided to you or Family Member, and/or any other payment responsibility. You will be charged for the Services provided to you or Family Member by a Provider, and may incur other charges, including but not limited to the Membership Fee or other fees. You authorize Zealthy to charge your chosen Payment Method for the Services provided to you and/or Family Member. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Membership Terms, and you agree to comply with all of those terms. Zealthy may accumulate charges that you’ve incurred for the Services and submit them as one or more aggregate charges during or at the end of each billing cycle. Zealthy reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.
e. Recurring Payments
To ensure uninterrupted Services, we will bill you automatically via the Payment Method on file for the Services you sign up for, from the date you submit your initial payment and on each renewal period afterwards, until cancellation in accordance with our cancelation policy or until we are no longer offering the service (in which case we will notify you). Your renewal period will be equal in time or amount to the renewal period of your current membership. For example, if you are on a monthly plan, each billable renewal period will be for one (1) month. We will automatically charge you the applicable amount using the Payment Method you have on file with us and by agreeing to these Membership Terms, you authorize us to do so. You agree and acknowledge that you will be billed automatically regardless of whether or not you have used the Services, unless the Services end or are canceled. You will be responsible for paying all past due amounts. You acknowledge that billing may not occur on the exact same date of each month.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Membership Fee, you have the right to receive, and we will provide, a notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “manage membership.”
Invoices or receipts for payments will be provided to you upon payment and also emailed to you. You represent and warrant that (i) the credit card or debit card information you provide to Zealthy is true, correct and complete, and (ii) that you are the person to whom the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card. You will promptly notify Zealthy if your payment information has changed, if your Payment Method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent). By providing us updated payment information, you authorize us to continue to charge your card using the updated information so that you can continue to receive Services.
If any invoice is not paid in a timely manner, or your payment is not successfully settled, due to expiration, insufficient funds, chargebacks, or otherwise, we reserve the right to suspend, disable, cancel or terminate your membership or account until we have successfully charged a valid Payment Method.
With respect to medications and other prescription products, ALL SALES ARE FINAL.
Unfortunately, we cannot issue refunds or accept returns of prescription products for any reason, including reuse or resale. Once a prescription has been issued and filled by our partner pharmacy, it cannot be returned or refunded as the partner pharmacy has already begun the process of preparing your medication for shipment. This is to protect the integrity of the medication and the health of the patient, as well as to comply with applicable laws. However, if you think you have received the wrong medication, have received an order in error, or have any other questions, please contact us at support@getzealthy.com.
In addition to medications, please note that consultation fees and any charges associated with your provider visit or membership are non-refundable.
Zealthy Inc. is not responsible for any orders after they have been shipped from the respective partner pharmacy. As such, we cannot issue refunds for medications that have proof of delivery from the carrier; however, we can re-order your medication but there will be a new charge associated with the replacement order. If you would like to file a lost or stolen package claim you can contact the delivery carrier directly to do so.
Zealthy reserves the right to modify or update this refund policy at any time without prior notice. Any changes will be effective immediately upon posting on our website or notification through other appropriate channels.
YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE ANNUAL MEMBERSHIP FEE FOR THE FOLLOWING YEAR, OR THE MONTHLY MEMBERSHIP FEE FOR THE FOLLOWING MONTH, PENDING YOUR MEMBERSHIP.
YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR ZEALTHY ACCOUNT AND SELECTING “MANAGE MEMBERSHIP.”. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE ANNUAL/MONTHLY MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD, UNLESS AS STATED HEREIN OR REQUIRED BY APPLICABLE LAW, BUT YOU WILL CONTINUE TO HAVE ACCESS UNTIL THE THEN-CURRENT BILLING CYCLE EXPIRES.
Any other Services that are paid per Service (e.g., single visits with a Provider not part of a Subscription) may be rescheduled but are not cancellable after purchase. As noted in Section 5, medication orders are final once shipped by the Pharmacies and the order cannot be returned or refunded. This is to protect the integrity of the medication and the health of the patient, as well as to comply with applicable laws. However, if you think you have received the wrong medication, have received an order in error, or have any other questions, please contact us at support@getzealthy.com.
Zealthy may periodically offer discounts to its Services in the form of free trial periods or promotional fees. You may only be permitted to use one free trial or promotional fee offer, unless explicitly provided by Zealthy. If your membership is ever canceled or terminated for any reason, and you purchase an additional membership, you may not be eligible for a free trial or to take advantage of another promotional fee offer. Trials are only for your personal use and may not be shared or resold. The terms of those discounts will be stated at the time you sign up or when you purchase a specific Service or product. You will not be charged the applicable fee during your free trial but you will be required to provide a Payment Method in order to ensure uninterrupted access and continued use after the expiration of the free trial.
Upon completion of your free trial, your trial membership will automatically convert into a paid membership and your Payment Method will be charged the applicable fees unless you have previously canceled your membership. If your membership includes a promotional fee, you will be charged the promotional fee for the relevant number of billing periods, and upon completion of that period, your membership will continue to automatically renew at the full, non-promotional rate. For trials converted to a paid membership at the end of the term, if you do not wish to continue as a paid member, you must cancel your trial membership before the end of the trial period in order to avoid being charged the Membership Fee and other charges. We will send you a reminder, but you may cancel anytime via your account under “Manage Membership”. If you cancel at least 36 hours prior to the end of the trial period but are inadvertently charged the Membership Fee, please contact us at support@getzealthy.com for a refund.
If you provide information about your health insurance or health plan, that will be deemed your authorization for us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to us for the Services provided to you or your Family Member. You authorize the release of any medical or other information necessary to process any claims for the Services provided. You further understand and accept your financial responsibility for any portion of the bill not covered by your health insurer or health plan. Submission of any charges to insurance does not waive or change our right to seek payment directly from you.
Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including whether your insurance plan has any deductible, co-payment, co-insurance, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services you receive, and how your benefits will apply to your payments. If you purchase Services with your insurance plan, you authorize Zealthy or one of its affiliates or third-party partners, including the Providers, to charge your Payment Method on file for any and all fees not covered by your insurance, including but not limited to, co-pays, co-insurance, or deductibles. This authorization includes recurring charges for ongoing services. If all or any portion of the Services are not covered or paid by your insurance plan for any reason or you do not have health insurance, you understand that you will ultimately be responsible for all fees and costs arising out of your use of the Services and agree to pay the full amount of all other fees. Questions about non-payment should be directed to your insurance plan. You agree to inform Zealthy or your Provider immediately if you lose your health insurance and/or can no longer pay for treatment.
All credit card, debit card and other monetary transactions processed by Zealthy occur through an online payment processing application that is provided by a third-party payment processor(s). Zealthy itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your Payment Method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Zealthy may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your account or Services.
You agree to waive all claims against Zealthy and its third-party affiliates, including Zealthy’s third-party payment processor(s), related to any unauthorized payments made on or through the use of your account outside of Zealthy’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Zealthy so that Zealthy can conduct a reasonable investigation, at its sole discretion, under the circumstances. If appropriate, Zealthy will assist in correcting the alleged unauthorized payment, provided that such claim is received by Zealthy within thirty (30) days of the disputed charge or payment.
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact support@getzealthy.com with any dispute. All disputes which cannot be resolved shall be governed by Sections 14 and 16 of the Terms of Use.
a. NOTICE OF BINDING ARBITRATION. As provided in Section 16 of the Terms of Use, your MEMBERSHIP, PAYMENT AND ACCESS TO Services ARE subject to binding individual arbitration of any disputes which may arise from this Policy, the Terms or any other use of the Services.
If you have any questions or concerns about this Agreement, please contact us at:
We will attempt to respond to your questions or concerns promptly once we receive them.