Terms of Use

Zoya Health LLC (“Zoya Health,” “Zoya,” “we,” “us,” or “our”) owns and operates the website located at joinzoya.com, together with its subdomains and any affiliated mobile application we may offer in the future (collectively, the “Sites”). The Sites facilitate access to the “Services,” which may include: (i) health and wellness information (“Content”); (ii) a technology platform for requesting telehealth consultations with independent, licensed health care providers; (iii) collection and transmission of the health information you provide so those providers can evaluate you; (iv) administrative support for scheduling, payment, and records; and (v) coordination of prescription fulfillment and shipping through independent, state-licensed pharmacies.

These Terms of Use are a binding agreement between you and Zoya Health LLC. Our Privacy Policy, Consent to Telehealth, Refund & Cancellation Policy, and HIPAA Notice of Privacy Practices are incorporated into these Terms by reference. Portions of the Services (including the health assessment, checkout, and patient portal) are operated on technology provided by Bask Health, Inc.; your use of those portions is also subject to Bask Health's applicable policies.

We may update these Terms from time to time. Changes are effective when posted to the Sites, and the “Last updated” date above will reflect the current version. Your continued use of the Sites or Services after a change is posted constitutes acceptance of the change. If you do not agree with a change, your sole remedy is to stop using the Sites and Services.

Zoya Health LLC does not practice medicine, provide medical services, or dispense medications. Medical services available through the Services are provided by independent, licensed health care providers through Arora Health & Aesthetics, LLC and similar affiliated professional entities (the “Medical Group”). Prescriptions, if issued, are dispensed by independent, state-licensed pharmacies, including compounding pharmacies operating under Section 503A of the federal Food, Drug & Cosmetic Act (the “Pharmacy Partners”).

Using the Sites does not create a provider-patient relationship with Zoya Health. A provider-patient relationship is formed only between you and a Medical Group provider, and only if that provider accepts you for care after evaluating you. All clinical decisions — including whether to prescribe any medication, which medication, and at what dose — are made solely by the treating provider. Completing an assessment or purchasing a plan does not guarantee that a prescription will be issued.

Except for communications you receive from a Medical Group provider in the course of your care, nothing on the Sites is medical advice, and you should not rely on Content as a substitute for advice from a licensed clinician who has evaluated you.

To use the Services you must: (1) be at least 18 years old; (2) be located in a U.S. state where the Services are available to you; and (3) agree to be bound by these Terms. Meeting these requirements does not guarantee that you will receive Services; eligibility for treatment is always determined by a Medical Group provider.

Jurisdictional Notice: Services are available only in jurisdictions where affiliated medical providers are licensed to practice and where pharmacy partners are authorized to dispense medications. Availability may vary by state and is subject to applicable laws, regulations, and licensure requirements.

Telehealth involves the delivery of health care services using electronic communications between a provider and a patient who are not in the same physical location. It may include asynchronous (store-and-forward) review of the information, images, and history you submit, as well as audio, video, or text interactions with a provider. Telehealth has benefits and limitations. A provider evaluating you remotely does not perform a hands-on physical examination and may lack information that an in-person examination would reveal; state law may also limit which medications can be prescribed without an in-person visit. By using the Services you acknowledge these limitations and accept them.

Your consent to treatment via telehealth is documented in our Consent to Telehealth, which is incorporated into these Terms by reference. Please read it before beginning an assessment.

Parts of the Services require you to register an account. You agree to provide information that is accurate and complete, and to keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You may not share your account, use another person's account, or create more than one account. Notify us immediately at Hello@JoinZoya.com of any unauthorized use of your account. We may suspend or terminate accounts that provide false information, violate these Terms, or threaten the security of the Services.

The safety of telehealth care depends on the accuracy of what you tell your provider. You agree to answer all health assessment questions truthfully and completely, including your medical history, current medications, and allergies, and to update your provider if your health changes during treatment. Providing false or incomplete information can result in serious harm to you, and it is grounds for immediate termination of the Services.

Prices for treatment plans are displayed before you purchase. There are no membership fees. The price you see covers the provider evaluation and, if a provider prescribes treatment, your medication and shipping, unless otherwise stated at checkout.

Some plans bill on a recurring basis (for example, monthly or every three months), as clearly described at checkout. By purchasing a recurring plan, you authorize us and our payment processors to charge your payment method on file at the stated interval until you cancel. You may cancel future refills at any time through your patient portal or by contacting us at Hello@JoinZoya.com or (818) 823-8178; cancellation requests must be made at least 15 days before your next billing date to avoid being charged for the next cycle. Amounts already charged, and orders already transmitted to or processed by a pharmacy, are non-refundable. Full details are in our Refund & Cancellation Policy, which governs in the event of any conflict with this section.

If a Medical Group provider determines that treatment is not appropriate for you, any amounts you paid for medication you will not receive will be handled as described in the Refund & Cancellation Policy. You remain responsible for fees attributable to services already rendered, including the provider evaluation, where permitted by law.

If your payment method fails or expires, we may ask you to provide an alternative. Neither Zoya Health, the Medical Group, nor any Pharmacy Partner has an obligation to provide services or ship medication until payment has been received and verified.

If you receive a prescription through the Services, it will be fulfilled by one of our independent Pharmacy Partners. You consent to our transmitting to the fulfilling pharmacy the information reasonably necessary for dispensing, including your identifying information, shipping address, and applicable health information, consistent with our Privacy Policy and applicable law.

Medication may not be shipped in child-resistant packaging. Keep all medication out of the reach of children. Follow the storage and handling instructions provided with your medication and by your provider.

By creating an account or providing your contact information, you consent to receive service communications from us and from your care team — such as order confirmations, shipping notifications, provider messages, and account notices — by email and, if you opt in, by text message (SMS). Marketing messages are sent only if you opt in to them, and consenting to marketing is never a condition of purchase. You can opt out of text messages at any time by replying STOP, and out of marketing emails via the unsubscribe link in any message. Message and data rates may apply, and neither we nor the carriers are liable for delayed or undelivered messages.

Standard email and SMS are not encrypted and may be intercepted by third parties. If you choose to communicate health or other sensitive information by email or text, you accept that risk. For secure communication with your care team, use the patient portal.

Your privacy matters. Our Privacy Policy describes how we collect, use, and share your personal information, and our HIPAA Notice of Privacy Practices describes how protected health information is used and disclosed by the entities subject to HIPAA, including the Medical Group. Both documents are available on the Sites and are incorporated into these Terms by reference.

Health information you submit is handled in accordance with our Privacy Policy, the HIPAA Notice of Privacy Practices, and applicable law — this section does not apply to it.

For any other feedback, suggestions, ideas, or non-health communications you send us, you grant Zoya Health a perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, and incorporate them into our products and services without restriction or compensation. You represent that you have the right to submit such material and that it does not violate any third party's rights.

Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable right to access and use the Sites for your personal, non-commercial use. All rights not expressly granted are reserved by Zoya Health and its licensors.

You agree that you will not: (a) impersonate any person or misrepresent your affiliation with any person or entity; (b) use the Sites or Services in violation of any law; (c) reverse engineer, decompile, or disassemble any part of the Sites; (d) upload or transmit viruses or other harmful code; (e) infringe or misappropriate the intellectual property or other rights of any third party; (f) sell, resell, license, or otherwise commercially exploit the Sites or Services; (g) use the Sites to build a competing product or service; (h) interfere with, disrupt, or attempt to gain unauthorized access to the Sites, any account, or any connected system; (i) circumvent any security or access-control measure; (j) scrape, harvest, or systematically copy Content by manual or automated means; or (k) encourage or enable anyone else to do any of the foregoing.

The Sites and all of their content, features, and functionality — including text, graphics, images, video, design, and software — are owned by Zoya Health or its licensors and are protected by copyright, trademark, and other intellectual property laws. The Zoya name, wordmark, and logos are trademarks of Zoya Health LLC. You may not use them without our prior written permission. Nothing in these Terms transfers any ownership interest in the Sites or Content to you.

The Sites may link to websites operated by third parties, including our Pharmacy Partners and the Medical Group. We do not control and are not responsible for the content or practices of those sites, and a link does not imply endorsement. Your use of third-party sites is at your own risk and subject to their own terms and policies.

You may stop using the Sites and Services at any time. We may suspend or terminate your access to the Sites or Services, with or without notice, if you violate these Terms, if required by law, or to protect the safety or integrity of the Services. Upon termination, your right to use the Sites ends immediately, but any provision of these Terms that by its nature should survive — including the disclaimers, limitation of liability, indemnification, and dispute-resolution provisions — will survive.

Termination of these Terms does not by itself terminate any provider-patient relationship you have with the Medical Group, and does not affect any right you have under applicable law to access your medical records or to receive continuity of care from your providers.

The Services are cash-pay. We do not accept insurance, and neither Zoya Health nor any affiliated health care organization or provider will bill any federal or state health care program (such as Medicare or Medicaid) or any commercial insurer for services or products provided through the Services. By using the Services, you acknowledge and agree that you are responsible for paying directly for the services and products you receive, even if you are a beneficiary of such a program.

THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ZOYA HEALTH AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS SECTION DOES NOT LIMIT OR DISCLAIM ANY RESPONSIBILITY THAT LICENSED HEALTH CARE PROVIDERS HAVE FOR THE CLINICAL CARE THEY DELIVER, AND DOES NOT WAIVE ANY RIGHT YOU MAY HAVE THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZOYA HEALTH OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA — ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ZOYA HEALTH AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ZOYA HEALTH FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THIS SECTION LIMITS THE PROFESSIONAL LIABILITY OF LICENSED HEALTH CARE PROVIDERS FOR THE CLINICAL CARE THEY DELIVER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless Zoya Health and its affiliates, and their respective officers, directors, managers, members, employees, and agents, from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; or (c) your misuse of the Sites or Services. This obligation does not apply to claims arising from clinical care provided to you by licensed health care providers.

These Terms and any dispute arising out of or relating to them or the Sites are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Subject to the arbitration agreement below, any claim that is not subject to arbitration must be brought exclusively in the state or federal courts located in Sacramento County, California, and you consent to the personal jurisdiction of those courts. If you reside in a state whose consumer-protection laws grant you non-waivable rights or venue protections, nothing in this section deprives you of them.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. You and Zoya Health agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Sites or Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that: (a) either party may bring an individual claim in small-claims court; and (b) either party may seek injunctive or equitable relief in court for infringement or misuse of intellectual property. The arbitration will be conducted in Sacramento County, California, or, at your election, in the county where you reside or by remote means permitted by the AAA rules. Payment of filing and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules.

CLASS ACTION WAIVER: YOU AND ZOYA HEALTH EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. Claims may be brought only in an individual capacity. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.

RIGHT TO OPT OUT: You may opt out of this arbitration agreement by emailing Hello@JoinZoya.com within thirty (30) days of first accepting these Terms, with your name and a clear statement that you wish to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.

This section does not apply to claims that, under applicable law, cannot be required to be arbitrated, and nothing in it prevents you from filing a complaint with a government agency.

Entire agreement. These Terms, together with the policies incorporated by reference, are the entire agreement between you and Zoya Health regarding the Sites and supersede any prior agreements on that subject.

Severability. If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable (or severed if it cannot be), and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

Assignment. You may not assign these Terms or any rights under them. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.

No agency. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Zoya Health.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, outages, labor disputes, governmental action, or failures of third-party networks or services.

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notices should be sent to our Designated Agent: Zoya Health LLC, 2108 N Street, Suite N, Sacramento, CA 95816, or Hello@JoinZoya.com, and must include: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and its location on the Sites; (4) your contact information; (5) a statement of your good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

Questions about these Terms of Use may be directed to Zoya Health LLC, 2108 N Street, Suite N, Sacramento, CA 95816, by phone at (818) 823-8178, or by email at Hello@JoinZoya.com.