Terms of Service

Zoya Health LLC does not practice medicine, provide clinical care, prescribe medication, or dispense medication. Medical care is provided solely by independent licensed health care professionals through independently owned professional medical entities. Prescriptions, if issued, are dispensed by independent licensed pharmacies. The Services are not for emergencies — call 911 or go to the nearest emergency department if you believe you are experiencing a medical emergency. Section 21 contains a binding individual arbitration agreement and class action waiver that affect your legal rights. You may opt out within 30 days. Section 21 does not apply to claims against your treating provider or pharmacy.

These Terms of Service (“Terms”) are a binding agreement between you and Zoya Health LLC (“Zoya,” “we,” “us,” or “our”). They govern your access to and use of joinzoya.com, its subdomains, any Zoya-branded patient-facing interface, and any related technology, administrative, payment-coordination, customer-support, and fulfillment-coordination services made available by Zoya (collectively, the “Services”).

By clicking an acceptance box or other electronic assent control presented with a reasonably conspicuous link to these Terms, you acknowledge that you have read and agree to these Terms. You may not create an account, submit a health assessment, or place an order unless you first provide that assent. If you do not agree, do not use the Services.

The following documents are incorporated by reference to the extent applicable: (a) the Zoya Privacy Policy; (b) the Zoya Washington Consumer Health Data Privacy Policy, if you are a Washington consumer and that policy applies; (c) the Zoya Nevada Consumer Health Data Privacy Policy, if you are a Nevada consumer and that policy applies; (d) the Zoya Refund, Cancellation, and Charge Timing Policy (the “Refund Policy”); (e) the order summary and plan disclosures shown at checkout; and (f) any separate telehealth consent, Notice of Privacy Practices, patient agreement, pharmacy terms, or other terms presented by the professional medical entity, treating provider, dispensing pharmacy, or technology provider responsible for the applicable service. The checkout disclosure controls price, quantity, renewal interval, minimum commitment, and other transaction-specific terms. The Refund Policy controls refunds, cancellations, and charge timing. A treating medical entity’s patient documents control clinical care and medical-record rights. These Terms otherwise control your relationship with Zoya.

Certain portions of the Services may be hosted or supported by Bask Health, Inc. or other third-party technology providers. Any third-party terms apply only if they are clearly presented to and accepted by you, and they do not expand Zoya’s obligations or alter the independent responsibilities of the medical entity, provider, or pharmacy.

Changes. We may revise these Terms prospectively. The “Last updated” date identifies the current version. For a material change, we will post the revised Terms and send notice to the email address on your account at least fifteen (15) days before the change takes effect, and where law requires, we will present the change for renewed consent. Revised Terms apply to your use of the Services and to transactions entered into on or after their effective date; they do not apply retroactively to a completed transaction. A change to Section 21 will not apply to a dispute of which Zoya had actual written notice before the change became effective.

Zoya provides non-clinical technology, administrative support, payment coordination, customer support, and prescription-fulfillment coordination. Zoya does not diagnose or treat medical conditions, determine whether a medication is appropriate, prescribe medication, compound or dispense medication, or exercise control over clinical judgment.

Medical services are provided by one or more independently owned professional medical entities (each, a “Medical Group”) and their licensed physicians, nurse practitioners, or other licensed health care professionals (each, a “Provider”). The Medical Group responsible for your care will be identified during the intake, consent, or clinical encounter process. A provider-patient relationship arises, if at all, only between you and the Medical Group or Provider that accepts you for care. No provider-patient relationship is created with Zoya.

Prescription medications are dispensed by independent state-licensed pharmacies (each, a “Pharmacy”). The dispensing Pharmacy will be identified in your prescription records, package label, patient portal, or order documentation. A Pharmacy may use a separate fulfillment or pharmacy-network administrator. Zoya does not control a Pharmacy’s compounding, dispensing, packaging, counseling, shipping, substitution, or recall decisions.

Medical Groups, Providers, Pharmacies, pharmacy-network administrators, and Zoya are separate parties. References to “our Providers,” “our pharmacies,” or similar shorthand describe coordination relationships only and do not create ownership, employment, partnership, joint venture, agency, or control unless expressly stated in a separate written agreement.

You may use the Services only if you: (a) are at least 18 years old; (b) have legal capacity to enter into these Terms; (c) are physically located in the United States when receiving telehealth services; (d) are located in a jurisdiction where the relevant Medical Group, Provider, Pharmacy, medication, and fulfillment method are legally available; and (e) provide accurate information and comply with these Terms.

The Services are not offered to minors. Availability differs by state, medication, formulation, Provider licensure, Medical Group authorization, Pharmacy authority, and fulfillment method. Current availability is determined during intake and checkout based on your physical location and the service requested. Zoya may update availability as law, licensure, product status, or partner coverage changes. An online assessment, checkout, payment, or prior refill does not guarantee that care, a prescription, a particular medication, a particular Pharmacy, or future refills will be available.

The Services are not monitored continuously and are not designed for emergency or urgent care. Do not use the Services to seek emergency assistance. Call 911 or go to the nearest emergency department if you believe you are experiencing an emergency.

Except for communications sent to you by a licensed Provider as part of your care, website content is general informational material and is not medical advice. Do not delay or disregard professional medical advice because of information available through the Services.

Telehealth may include asynchronous review of questionnaires, records, photographs, or messages, as well as synchronous audio or video interactions. Telehealth has limitations, including the absence of a hands-on examination, potential technology failures, incomplete records, and state-law restrictions on remote prescribing.

Before clinical care is delivered, the Medical Group or Provider is responsible for providing and documenting any telehealth consent required by applicable law. Your acceptance of these Terms does not replace a Provider’s legally required informed consent. You may be required to complete a live visit, laboratory testing, in-person examination, identity verification, or other clinical step before treatment or a refill is authorized.

You may withdraw consent to future telehealth care as permitted by applicable law by contacting your Medical Group or Provider. Withdrawal does not affect care already delivered, charges already earned, or orders already processed, and it may require transition to in-person care.

You may be required to create an account. You must provide accurate, current, and complete contact, identity, payment, shipping, and health information, and promptly update that information. Clinical decisions depend on the information you provide. You must disclose your medical history, diagnoses, allergies, medications, supplements, symptoms, pregnancy status when relevant, and other requested information truthfully and completely.

You are responsible for maintaining the confidentiality of your credentials and for activity under your account. You may not share an account, use another person’s account, create an account for another person, or submit information for another person without lawful authority. Notify Zoya promptly at hello@joinzoya.com if you suspect unauthorized account access.

We may use reasonable identity, age, location, fraud, and payment verification measures. We may suspend or terminate access if information is false, incomplete, misleading, or inconsistent; if misuse is suspected; or if necessary to protect patient safety, system security, or legal compliance.

A purchase or payment is a request for access to the applicable treatment-plan process; it is not a prescription and does not guarantee treatment. Only a Provider may determine whether you are an appropriate candidate, whether additional evaluation is required, whether to prescribe, what medication or formulation to prescribe, the dose, duration, monitoring requirements, and whether to authorize a refill.

A Provider may decline, discontinue, delay, or modify treatment in the Provider’s professional judgment. You must follow the Provider’s instructions and the medication label. Contact the Provider promptly concerning side effects, changes in health, pregnancy, new medications, or concerns about treatment. For serious or life-threatening symptoms, call 911.

Medication availability is not guaranteed. A prescribed product may become unavailable because of law, regulation, shortage, compounding restrictions, Pharmacy capacity, shipping limitations, or other circumstances. Any alternative medication, formulation, or dose requires the Provider’s authorization and, where required, your consent.

If a Provider prescribes a compounded medication, you understand that the compounded product is not approved by the U.S. Food and Drug Administration as a finished drug product and is not reviewed by FDA in the same manner as an FDA-approved drug for safety, effectiveness, or manufacturing quality. Compounded medications may differ from commercially manufactured products. Ask your Provider and Pharmacy about risks, ingredients, storage, dosing, and available alternatives.

No guarantee of results. Individual results vary. Zoya does not guarantee any amount of weight loss or any other health outcome. Any results described through the Services reflect the experience of particular individuals and are not a promise of what you will experience.

8.1 The price and included components of a treatment plan are displayed before purchase. Depending on the plan and applicable arrangements, the displayed price may include non-clinical Zoya services, a clinical evaluation, medication if prescribed, Pharmacy services, packaging, shipping, and other disclosed items. Items not expressly included may be charged separately by the applicable Provider, laboratory, Pharmacy, carrier, or other third party.

8.2 By submitting payment information, you authorize Zoya, its payment processor, or another payment recipient identified at checkout to charge the amount shown at checkout. A displayed treatment-plan price may combine components furnished by Zoya, a Medical Group, a Pharmacy, or another disclosed party. The identity of the merchant or payment recipient and any allocation of the price among those components are governed by the applicable written agreements and payment configuration. These Terms do not by themselves appoint Zoya as payment agent for a Medical Group or Pharmacy, transfer professional or pharmacy receivables to Zoya, or authorize Zoya to control clinical fees. Zoya will not retain compensation for the practice of medicine or for dispensing services except to the extent permitted by applicable law and supported by the parties’ written arrangements. Payment card information may be processed and tokenized by a third-party payment processor; Zoya may not receive or retain the full card number. You must maintain a valid payment method and pay all authorized charges, taxes, and fees.

8.3 The Services are offered on a self-pay basis. Unless expressly stated otherwise at checkout, Zoya does not submit claims to Medicare, Medicaid, commercial insurance, or other third-party payors, and does not guarantee reimbursement from an insurer, health savings account, flexible spending account, or other benefit arrangement.

8.4 If a price is displayed incorrectly, we may reject or cancel the affected order and refund any erroneous charge. Promotional offers are subject to their stated eligibility, expiration, and other terms and may not be combined unless expressly permitted.

9.1 A plan identified at checkout as a one-time purchase will not renew automatically. A multi-month package paid in a single charge is a one-time purchase unless the checkout disclosure expressly states that it renews.

9.2 A plan identified at checkout as recurring or automatically renewing (a “Recurring Refill Plan”) will renew at the price and interval shown at checkout until canceled. The recurring price is for the next treatment or refill cycle; there is no separate platform membership fee unless a separate fee is clearly disclosed. Each refill remains subject to Provider authorization and legal and Pharmacy availability.

9.3 Before enrolling you in a Recurring Refill Plan, we will clearly and conspicuously disclose, in visual proximity to the control by which you consent: that the plan renews automatically unless you cancel; the length and terms of the renewal period; the recurring amount or range and the frequency of charges; the method or methods by which you may cancel, including a link to the cancellation process; and our contact information. We will obtain your express affirmative consent to those automatic renewal terms separately from your acceptance of these Terms and from any other consent, and will provide an acknowledgment of the renewal terms, cancellation policy and cancellation instructions in a form you can retain. You authorize the disclosed recurring charges until cancellation takes effect.

9.4 If a recurring charge is made and a Provider later determines that the refill is not medically appropriate, or a Pharmacy cannot lawfully or operationally fulfill the order, the charge will be handled under the Refund Policy.

9.5 Price and material changes. We may change the price or material terms of a Recurring Refill Plan only prospectively. For a fee change, we will provide notice of the change and information on how to cancel, in a form you can retain, no less than seven (7) days and no more than thirty (30) days before the change takes effect. For any other material change to the renewal terms, we will provide notice and cancellation information before the change is implemented.

9.6 Annual reminder. For an annual automatic renewal or continuous service agreement, we will send you an annual reminder in the medium through which you enrolled or in which you are accustomed to interacting with us. The reminder will identify the product or service, the frequency and amount of the charges, and the means to cancel.

9.7 Pre-renewal and trial-conversion notices. If you accept a Recurring Refill Plan with an initial term of one year or longer, we will send you notice of the renewal terms at least 15 and not more than 45 days before it renews. If you accept a free or promotional-price period lasting more than 31 days that converts to a paid plan, we will send you notice at least 3 and not more than 21 days before that period ends. Each notice will state that the plan renews unless you cancel, the renewal length and terms, the amount or range and frequency of charges, how to cancel including a link to the cancellation process, and our contact information.

9.8 Consent records. We maintain records of your consent to automatic renewal terms for at least three years, or one year after the agreement terminates, whichever is longer.

The Refund Policy governs all cancellation and refund requests and is incorporated into these Terms. You may cancel a Recurring Refill Plan through the patient portal, through the online cancellation link or button in your account, through an immediately accessible cancellation email mechanism, or by contacting Zoya at hello@joinzoya.com. Online enrollment is paired with an online cancellation method that you may use at will and without further steps that obstruct or delay cancellation. Cancellation terminates the automatic-renewal authorization when completed or received. Zoya will not impose or retain a renewal charge for a refill cycle solely because internal billing steps began before cancellation. A charge processed after effective cancellation will be handled under the Refund Policy based on whether, before cancellation, a disclosed clinical service had already been performed or the applicable order had entered Pharmacy Processing.

Cancellation of future renewals does not cancel or refund a clinical service already rendered or an order that entered Pharmacy Processing before cancellation. After a prescription medication has been dispensed, it generally cannot be returned for refund or redispensing except where applicable law and the dispensing Pharmacy’s policy permit. This does not limit a remedy for a dispensing error, damaged or compromised product, recall, nonconforming shipment, duplicate charge, or other circumstance covered by the Refund Policy or non-waivable law. If a plan offers a “pause,” a pause delays future processing only for the period confirmed to you and is not a cancellation unless the confirmation expressly says so.

If no prescription is issued, if an order cannot be fulfilled, or if there is a duplicate charge, dispensing error, shipment problem, or other issue, the Refund Policy describes the applicable remedy and reporting deadline. Please give Zoya a reasonable opportunity to investigate a good-faith billing or fulfillment issue before initiating a payment dispute; this does not waive any non-waivable right.

If a prescription is issued and you elect or are assigned to use a participating Pharmacy, you authorize the transmission of information reasonably necessary to dispense and deliver the prescription, including identity, contact, shipping, prescription, and relevant health information, consistent with applicable law and the Privacy Policy.

The Pharmacy determines dispensing, labeling, packaging, counseling, substitutions, and shipment. Packaging may or may not be child-resistant, depending on the product and Pharmacy. Keep all medication secure and out of reach of children and pets, and follow all label, storage, refrigeration, handling, and disposal instructions.

You are responsible for providing a complete and accurate delivery address and for promptly retrieving temperature-sensitive or time-sensitive shipments. Delivery dates are estimates and may be affected by carrier, weather, Pharmacy, legal, or supply issues. Do not use a medication that appears damaged, tampered with, mislabeled, contaminated, or improperly stored; contact the Pharmacy, your Provider, and Zoya promptly.

12.1 Consent to electronic records. You consent to receive these Terms, the incorporated policies, order confirmations, renewal disclosures, and other account, transaction, and legal notices electronically by email or through the patient portal. Before consenting, you may request a paper copy. To access and retain electronic records, you need a device with internet access, a current web browser capable of displaying PDF or HTML records, sufficient storage or printing capability, and a working email address. By consenting electronically, you confirm that you can access and retain the records presented to you. You may request a paper copy at no charge or withdraw consent prospectively by contacting hello@joinzoya.com. Withdrawal does not affect records already provided or transactions already completed and may require closure of electronic Services that cannot reasonably be provided on paper. You must keep your email address and other contact information current. Electronic records and signatures satisfy any applicable writing or signature requirement to the extent permitted by law.

12.2 Transactional communications. By providing your email address or mobile number in connection with a requested service, you authorize Zoya and its service providers, subject to applicable law, to send service-related communications such as account notices, clinical-workflow notices, order confirmations, payment receipts, refill reminders, shipping updates, cancellation confirmations, and security messages. These communications are not marketing. You may revoke permission for a particular nonessential channel, but Zoya may still send legally required notices or messages necessary to administer an active account or transaction through another available channel.

12.3 Marketing communications. Zoya will send marketing text messages only after obtaining prior express written consent through a control separate from acceptance of these Terms, recurring-payment authorization, and clinical consent. Marketing consent is not a condition of purchase. Message frequency varies. You may opt out of marketing email through the unsubscribe link and out of marketing text messages by replying STOP; reply HELP for assistance. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

12.4 Security of channels. Standard email and SMS may not be encrypted and may be intercepted. Use the secure patient portal for sensitive clinical communications whenever available. Messages are not monitored continuously. Contact 911 for emergencies.

The Zoya Privacy Policy describes how Zoya collects, uses, and discloses personal information. Washington consumers should also review the Zoya Washington Consumer Health Data Privacy Policy, and Nevada consumers should also review the Zoya Nevada Consumer Health Data Privacy Policy, in each case to the extent that policy applies. Health information maintained by or for a Medical Group may be subject to HIPAA, state medical-privacy laws, and the Medical Group’s Notice of Privacy Practices. The Medical Group, not Zoya, is responsible for issuing any Notice of Privacy Practices required of a covered health care provider. Zoya may distribute that notice or assist with requests on the Medical Group’s behalf.

Requests for a medical record, amendment, confidential communication, restriction, or accounting of disclosures should be directed as stated in the Medical Group’s Notice of Privacy Practices. Zoya may route a request to the responsible Medical Group but does not independently alter a Provider’s medical record.

Subject to these Terms, Zoya grants you a personal, limited, revocable, nonexclusive, nontransferable license to access and use the Services for your own lawful, noncommercial purposes.

You may not: (a) use the Services for another person or for resale; (b) misrepresent identity, location, authority, or health information; (c) violate law or the rights of another person; (d) interfere with security or operation; (e) introduce malicious code; (f) gain unauthorized access; (g) reverse engineer or circumvent technical controls except to the extent a restriction is prohibited by law; (h) scrape, harvest, or systematically copy content or data; (i) use the Services to develop a competing product; (j) submit unlawful, infringing, fraudulent, or harmful material; or (k) assist another person in any prohibited activity.

15.1 The Services and their software, design, text, graphics, logos, audiovisual materials, and other content are owned by Zoya or its licensors and protected by intellectual-property law. Except for the limited license above, no right is granted to you.

15.2 Your materials. This Section does not transfer ownership of your personal information, health information, medical records, or materials submitted for clinical care. You grant Zoya a limited, non-exclusive, revocable, royalty-free license to host, store, transmit, and display the photographs, documents, and other materials you submit, solely to operate the Services and to make those materials available to the Medical Group, your Provider, the dispensing Pharmacy, and our service providers for your care and the fulfillment of your order. This license does not permit Zoya to use your materials for advertising or marketing, to publish them, or to sell them, and it is subject in all cases to applicable federal and state health-privacy law. Materials that become part of a medical record are governed by the Medical Group’s Notice of Privacy Practices and applicable record-retention law.

15.3 Feedback. If you voluntarily provide non-confidential ideas, suggestions, or product feedback unrelated to your medical record, you grant Zoya a perpetual, worldwide, royalty-free, transferable, sublicensable license to use and incorporate that feedback without restriction or compensation.

The Services rely on third parties, including Medical Groups, Providers, Pharmacies, Bask Health or other technology providers, payment processors, communications vendors, shipping carriers, and laboratories. Each third party is responsible for the services it provides and may have separate terms and privacy practices. Zoya is not responsible for an independent third party’s professional judgment, dispensing, laboratory work, carrier performance, or separate website, except to the extent liability cannot lawfully be disclaimed or arises from Zoya’s own conduct.

You may stop using the Services at any time, subject to payment obligations and any active treatment or order. Zoya may suspend or terminate access for violation of these Terms, suspected fraud or misuse, security risk, legal requirement, nonpayment, or safety concern.

Termination of access to Zoya does not itself terminate a provider-patient relationship or eliminate a Medical Group’s professional or legal duties regarding records or continuity of care. Contact your Provider regarding clinical transition, medication discontinuation, or urgent treatment questions.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NON-CLINICAL SERVICES AND ZOYA CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZOYA DISCLAIMS EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY. ZOYA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT A PROVIDER WILL PRESCRIBE A MEDICATION, THAT A PHARMACY WILL FULFILL AN ORDER, OR THAT ANY TREATMENT WILL PRODUCE A PARTICULAR RESULT.

THIS SECTION DOES NOT LIMIT A LICENSED PROVIDER’S RESPONSIBILITY FOR CLINICAL CARE, A PHARMACY’S RESPONSIBILITY FOR DISPENSING, OR ANY RIGHT OR REMEDY THAT CANNOT BE WAIVED.

19.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOYA AND ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

19.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOYA’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO ZOYA FOR THE APPLICABLE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE HUNDRED DOLLARS ($500).

19.3 Exceptions. NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ZOYA’S OWN NEGLIGENCE, OR FOR ZOYA’S FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE; for liability that cannot lawfully be limited; or for the independent professional liability of a Medical Group, Provider, or Pharmacy for services it provides. Some jurisdictions do not permit certain exclusions or limitations, so the foregoing applies only to the maximum extent permitted.

You will defend, indemnify, and hold harmless Zoya and its affiliates, officers, directors, managers, members, employees, and agents from third-party claims, damages, liabilities, judgments, costs, and reasonable attorneys’ fees arising from: (a) your material breach of these Terms; (b) your fraud, unlawful conduct, or willful misuse of the Services; or (c) material you submit in violation of another person’s rights. We will notify you promptly of any claim for which we seek indemnity, and you may participate in the defense with counsel of your choice at your expense. This obligation does not apply to the extent a claim arises from Zoya’s own negligence or misconduct or from clinical care or dispensing performed by an independent Medical Group, Provider, or Pharmacy.

PLEASE READ THIS SECTION CAREFULLY. It requires most disputes between you and Zoya to be resolved by binding individual arbitration rather than in court, and it limits class and representative proceedings.

21.1 Informal notice. Before starting arbitration, the claimant must send a written notice describing the claimant’s name and contact information, the facts and legal basis of the dispute, and the requested relief. Notices to Zoya must be sent to Zoya Health LLC, 2108 N Street, Suite N, Sacramento, CA 95816, and by email to hello@joinzoya.com with the subject line “LEGAL DISPUTE NOTICE.” The parties will attempt in good faith to resolve the dispute for at least thirty days. A limitations period is tolled during that period to the extent permitted by law.

21.2 Agreement to arbitrate. Except for the exclusions in Section 21.3, you and Zoya agree that any dispute, claim, or controversy between you and Zoya arising out of or relating to these Terms, the Services, or your transaction with Zoya will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator may award any individualized remedy available in court.

21.3 Exclusions. This Section does not apply to: (a) an individual claim in small-claims court that qualifies for that forum; (b) a request for temporary injunctive relief in court to prevent imminent misuse of intellectual property, data, or security credentials pending arbitration; (c) a claim that applicable law prohibits from being arbitrated; (d) a complaint to a government agency; or (e) a claim of professional negligence, malpractice, or failure of informed consent against a Medical Group, Provider, or Pharmacy, or any claim against those parties relating to clinical care, dispensing, or product quality. Those parties are not parties to, and are not third-party beneficiaries of, this Section. Any agreement to arbitrate such a claim is a separate matter between you and that party and, where state law imposes specific requirements for medical arbitration agreements — including California Code of Civil Procedure § 1295 — must satisfy those requirements in that party’s own documents.

21.4 Procedure and location. The arbitration may be conducted by documents, telephone, video, or in person. An in-person hearing will occur in the county where you reside, or in Sacramento County, California if you so elect, unless the parties agree otherwise. Fees will be allocated under the AAA Consumer Arbitration Rules and applicable law. Zoya will not seek attorneys’ fees from you unless the arbitrator finds that your claim was frivolous or brought for an improper purpose under the standard applicable in court.

21.5 Jury and class waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ZOYA WAIVE A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION. The arbitrator may not combine claims of different persons without all parties’ consent.

21.6 Public injunctive relief. This Section does not waive any right to seek public injunctive relief where such a waiver is prohibited by law. If a court of competent jurisdiction determines that a claim for public injunctive relief may not be waived and may not be arbitrated, that claim will be severed and stayed pending arbitration of the remaining claims, and the remainder of this Section continues to apply.

21.7 Right to opt out. You may opt out of this arbitration agreement by sending an email to hello@joinzoya.com within thirty days after you first accept these Terms. The email must state your full name, the email address associated with your account, and: “I opt out of the Zoya Health arbitration agreement.” Opting out does not affect any other provision and will not affect your access to the Services.

21.8 Severability. If any portion of this Section is unenforceable as to a particular claim or remedy, that portion will be severed and the remaining arbitrable claims will proceed in arbitration. If the prohibition on class arbitration in Section 21.5 is held unenforceable and cannot be severed, this entire Section 21 will be unenforceable as to the affected proceeding, which will then proceed in a court identified in Section 22.

21.9 Mass arbitration administration. If AAA determines that twenty-five or more similar consumer demands filed against the same or related parties with coordinated representation constitute a mass arbitration, AAA’s then-current Mass Arbitration Supplementary Rules and applicable consumer mass-arbitration fee schedule will govern administrative and non-merits procedures. A Process Arbitrator may decide threshold administrative issues as permitted by those rules. Each claimant’s merits claim remains individual, and nothing in this Section authorizes class arbitration, consolidation of merits without consent, or representative relief prohibited by Section 21.5. Limitations periods are tolled only as provided by applicable law or the administrator’s rules.

21.10 Substitute administrator. If AAA is unavailable or declines to administer a dispute in accordance with its Consumer Arbitration Rules, the parties will select an alternative administrator that publishes consumer arbitration rules and consumer fee schedules, or, failing agreement within thirty days, a court of competent jurisdiction will appoint one on either party’s application.

California law governs these Terms, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 21. Subject to Section 21, a claim not subject to arbitration must be brought in the state or federal courts located in Sacramento County, California, and the parties consent to jurisdiction there. This choice does not deprive you of non-waivable rights or venue protections under the law of your state of residence, and does not limit your right to bring an individual claim in small-claims court in your own county of residence.

These Terms and the incorporated documents are the entire agreement between you and Zoya concerning the Services. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue, except as provided in Section 21.8. Zoya’s failure to enforce a provision is not a waiver. You may not assign these Terms; Zoya may assign them in connection with a merger, reorganization, financing, sale of assets, or operation of law. No third party is a beneficiary of these Terms unless expressly stated. Zoya is not liable for delay caused by events beyond its reasonable control. Headings are for convenience only. Sections that by their nature should survive termination will survive, including payment, intellectual property, disclaimers, limitations, indemnification, dispute resolution, and general terms.

Zoya Health LLC 2108 N Street, Suite N, Sacramento, California 95816 Email: hello@joinzoya.com Website: joinzoya.com

Under California Civil Code § 1789.3, California consumers are entitled to receive Zoya’s name, address, telephone number, charges, and complaint-resolution procedures. Questions or complaints may be directed to Zoya using Section 24. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.