Terms of Service
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1.Acceptance of the Agreement
By creating an account, completing an intake, scheduling a consultation, purchasing a subscription, or otherwise using the Service, you represent that you have read, understood, and accept these Terms, our Privacy Policy, our HIPAA Notice of Privacy Practices, our Medical Disclaimer, and any consents presented to you during onboarding (collectively, the “ Agreement”).
These Terms include a binding individual arbitration provision and class-action waiver (Section 15). Please read it carefully.
2.Definitions
“Affiliated Medical Group” means the independent professional entity (and its licensed clinicians) that provides medical services to patients in your state. Zepym Health is a technology and administrative services platform; Zepym Health itself does not practice medicine and does not employ the clinicians who treat you.
“Clinician” means a physician, advanced practice provider, or other licensed health professional engaged by the Affiliated Medical Group.
“Patient” means a user who has been accepted for evaluation or treatment by a Clinician.
“Pharmacy Partner” means a licensed dispensing or compounding pharmacy contracted to fulfill prescriptions written by a Clinician.
3.Eligibility
You must be at least 18 years of age, a resident of a U.S. state or territory in which the Affiliated Medical Group’s Clinicians are licensed, and legally able to enter into a binding contract. The Service is not directed to children, and we do not knowingly collect information from anyone under 18.
Clinical eligibility for any specific treatment, including GLP-1 receptor agonist therapy, is determined solely by an independent Clinician based on an individualized medical evaluation. Completion of intake does not entitle you to a prescription.
4.Your Account
You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for safeguarding your credentials and for all activity occurring under your account. You agree to notify us promptly at security@zepym.com of any unauthorized access.
We may suspend or terminate your account if we believe, in our reasonable discretion, that you have violated these Terms, provided false information, or pose a risk to the safety or integrity of the Service.
5.Platform vs. Medical Services
Zepym Health operates a technology platform that facilitates secure communication, scheduling, billing, and logistics between you, the Affiliated Medical Group, and Pharmacy Partners. Zepym Health does not practice medicine, does not provide medical advice, and does not control the independent clinical judgment of any Clinician.
All medical decisions — including diagnosis, prescription, dosage, and discontinuation — are made solely by the treating Clinician in accordance with the laws of your state.
6.No Physician–Patient Relationship Without Consultation
Use of the Service, including browsing this website or completing intake forms, does not establish a physician–patient relationship. Such a relationship is established only when a Clinician affirmatively accepts you for care after reviewing your intake.
If a Clinician declines to accept you, no clinical relationship is formed, no prescription will be issued, and you will not be charged for medication.
7.Subscriptions, Fees & Billing
The Service offers recurring subscription plans. By starting a plan, you authorize Zepym Health (or its payment processor) to charge your payment method on a recurring basis at the stated price until you cancel.
Prices, taxes, and shipping fees are disclosed at checkout. Pricing is subject to change with at least 30 days’ advance notice for active subscribers. Failed payments may result in suspension of medication shipments.
Promotional pricing applies only for the period stated. After the promotional period, standard pricing applies automatically.
8.Pharmacy Fulfillment & Shipping
Prescriptions, if issued, are sent to a Pharmacy Partner of the Clinician’s selection. Shipping is restricted to states where the Pharmacy Partner is licensed and the medication is lawful to dispense. Title and risk of loss pass to you upon delivery.
Temperature-sensitive medications are shipped with appropriate packaging. You must be available to receive shipments and follow storage instructions provided with each shipment.
9.Refunds & Cancellation
You may cancel your subscription at any time from your account dashboard. Cancellation stops future renewals; amounts already billed are non-refundable except as expressly stated below or required by law.
Medication. Once dispensed by a Pharmacy Partner, prescription medication cannot be returned for refund under applicable pharmacy law, except where the shipment is defective or damaged in transit and reported within 7 days of delivery.
Initial consultation. If a Clinician determines you are not a clinical candidate, you will not be charged for medication. Membership fees, if any, are refundable within 30 days of initial sign-up if no medication has shipped.
10.Prohibited Use
You agree not to: (a) impersonate any person or misrepresent your identity or health history; (b) resell, divert, or share any prescription medication; (c) reverse-engineer, scrape, or interfere with the Service; (d) use the Service to violate any law; or (e) submit content that is unlawful, abusive, or infringes the rights of others.
11.Intellectual Property
The Service, including all software, designs, text, graphics, the “Zepym Health” name and logo, and the WYNTON LLC marks, is owned by Zepym Health or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. All other rights are reserved.
12.Disclaimers
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any particular health outcome will be achieved. Individual results vary.
13.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WYNTON LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO ZEPYM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Nothing in these Terms limits liability that cannot be excluded under applicable law (including liability for gross negligence, willful misconduct, or matters within the exclusive domain of state medical-practice acts).
14.Indemnification
You agree to defend, indemnify, and hold harmless WYNTON LLC, the Affiliated Medical Group, Clinicians, Pharmacy Partners, and their respective officers, directors, employees, and agents from and against any claim, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of: (a) your use or misuse of the Service; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) information you submit that is false, misleading, or incomplete.
15.Mandatory Arbitration & Class-Action Waiver
PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Except for (i) disputes within the jurisdiction of a small-claims court and (ii) actions to enforce intellectual-property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Miami-Dade County, Florida (or remotely at the arbitrator’s discretion). Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
CLASS-ACTION WAIVER. YOU AND ZEPYM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PERSONS.
30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@zepym.com within 30 days of first accepting these Terms. The notice must include your full name, address, and a clear statement that you wish to opt out. Opting out does not affect any other portion of these Terms.
This Section does not preclude either party from seeking provisional injunctive relief from a court to prevent irreparable harm pending arbitration.
16.Governing Law & Venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to Section 15, the exclusive venue for any judicial proceeding shall be the state or federal courts located in Miami-Dade County, Florida, and the parties consent to the personal jurisdiction of such courts.
17.Electronic Communications & E-SIGN Consent
You consent to receive notices, disclosures, agreements, and other communications electronically, including by email and in-app notice, and you agree that such electronic communications satisfy any legal requirement that they be in writing. This consent applies under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and equivalent state laws. You may withdraw consent by closing your account; doing so will end your access to the Service.
18.Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice and update the “Effective Date” above. Material changes are effective 30 days after notice unless you object by canceling your account. Continued use after the effective date constitutes acceptance.
19.Miscellaneous
Entire Agreement. These Terms, together with the documents referenced in Section 1, are the entire agreement between you and Zepym Health regarding the Service.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
No Waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Force Majeure. Neither party is liable for failures caused by events beyond its reasonable control.
20.Contact
WYNTON LLC d/b/a Zepym Health
Attn: Legal Department