OMZO

TERMS & CONDITIONS

Last Updated: November 17, 2023

1. INTRODUCTION AND ACCEPTANCE

Welcome to OMZO. These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and OMZO ("OMZO," "we," "us," or "our") governing your access to and use of our website, mobile applications, telehealth platform, and all related services, features, content, and functionality (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. By accessing, browsing, or using our Services in any manner, including but not limited to creating an account, scheduling a consultation, or purchasing products, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue use of our Services and may not access or use any portion of our platform. These Terms apply to all users of our Services, including visitors, registered users, healthcare providers, and any other individuals who access or use our platform.

2. MODIFICATIONS TO TERMS

We reserve the right, at our sole discretion, to modify, update, or change these Terms at any time. Material changes will be effective immediately upon posting the revised Terms on our website, with the "Last Updated" date reflecting the date of such changes.

We will notify you of material changes by:

  • Posting a prominent notice on our website or within our Services
  • Sending an email notification to the email address associated with your account
  • Requiring you to acknowledge and accept the updated Terms before continuing to use our Services

Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must immediately stop using our Services and may terminate your account as described in these Terms.

3. ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1 Age and Legal Capacity

To use our Services, you must:

  • Be at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater
  • Have the legal capacity and authority to enter into binding contracts
  • Not be prohibited from using our Services under applicable laws or regulations
  • Not have been previously suspended, terminated, or banned from using our Services

3.2 Account Registration and Security

To access certain features of our Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information during registration and at all times thereafter
  • Maintain and promptly update your account information to ensure it remains accurate and current
  • Maintain the security and confidentiality of your account credentials, including username and password
  • Accept full responsibility for all activities that occur under your account, whether authorized by you or not
  • Notify us immediately of any unauthorized access, use, or security breach of your account
  • Use only one account and not create multiple accounts to circumvent restrictions or policies
  • Not share your account credentials with any third party

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information or from unauthorized use of your account.

3.3 Account Verification

We may require you to verify your identity, email address, phone number, or other information to access certain features or services. You agree to provide accurate verification information and to cooperate with our verification processes.

4. DESCRIPTION OF SERVICES

OMZO provides a comprehensive telehealth platform that connects users with licensed healthcare providers and offers various health-related services. Our Services include, but are not limited to:

4.1 Telehealth Services

  • Online consultations and virtual visits with licensed healthcare providers, including physicians, nurse practitioners, and specialists
  • Health assessments, screenings, and evaluations
  • Treatment planning and care coordination
  • Follow-up care and ongoing monitoring
  • Second opinions and specialist referrals

4.2 Prescription and Medication Services

  • Prescription management and electronic prescribing
  • Prescription refills and renewals
  • Medication delivery services
  • Pharmacy coordination and medication management

4.3 Health Information and Resources

  • Access to health information, educational content, and wellness resources
  • Health tracking tools and personal health records
  • Symptom checkers and health assessment tools
  • Product recommendations and health product ordering

4.4 Service Modifications

We reserve the right, at any time and without prior notice, to:

  • Modify, suspend, discontinue, or terminate any aspect of our Services
  • Add, remove, or modify features, functionality, or content
  • Impose limits on certain features or restrict access to parts or all of our Services
  • Change service providers, healthcare providers, or third-party partners

We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

5. MEDICAL DISCLAIMERS AND LIMITATIONS

5.1 Not a Substitute for Emergency Care

CRITICAL: OUR SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES OR URGENT MEDICAL SITUATIONS.

If you are experiencing a medical emergency, life-threatening condition, or severe symptoms, you should:

  • Call 911 or your local emergency services immediately
  • Go to the nearest emergency room or urgent care facility
  • Not rely on our Services for emergency medical care

5.2 Telehealth Limitations

While our telehealth services are provided by licensed healthcare professionals, you acknowledge and agree that:

  • Telehealth consultations may not be appropriate or sufficient for all medical conditions, diagnoses, or treatments
  • Healthcare providers may determine that in-person evaluation, examination, or care is necessary or recommended
  • Certain conditions may require physical examination, laboratory tests, imaging studies, or other diagnostic procedures that cannot be performed through telehealth
  • We do not guarantee that a consultation will result in a specific diagnosis, treatment plan, or prescription
  • Medical advice and treatment recommendations are based on the information you provide, which may be incomplete or inaccurate
  • Healthcare providers may decline to provide services if they determine it is not appropriate for telehealth delivery

5.3 No Guarantee of Outcomes

We do not guarantee, warrant, or represent that:

  • Any treatment, medication, or recommendation will be effective, safe, or appropriate for your condition
  • You will achieve any specific health outcomes or results
  • Our Services will meet your specific requirements or expectations
  • Our Services will be uninterrupted, error-free, or completely secure

5.4 Your Responsibilities

You are responsible for:

  • Providing accurate, complete, and truthful information about your health, medical history, symptoms, and current medications
  • Following your healthcare provider's instructions, recommendations, and treatment plans
  • Taking medications as prescribed and reporting any adverse effects or concerns
  • Seeking in-person medical care when recommended or required
  • Informing all your healthcare providers (including those outside our platform) about treatments, medications, and care received through our Services
  • Understanding that you have the right to seek a second opinion or consult with other healthcare providers

6. PRESCRIPTIONS AND MEDICATIONS

6.1 Prescription Issuance

Prescriptions are issued solely at the discretion of licensed healthcare providers based on their professional judgment and clinical assessment. You acknowledge and agree that:

  • We do not guarantee that a prescription will be issued for any condition or medication
  • Healthcare providers may decline to prescribe medications if they determine it is not medically appropriate, safe, or indicated
  • Prescriptions are subject to applicable federal and state laws, regulations, and professional standards
  • Certain medications, including controlled substances, may have additional restrictions, limitations, or may not be available through our platform
  • Prescriptions may be limited to certain quantities, durations, or refill restrictions

6.2 Prescription Requirements

To receive a prescription, you must:

  • Complete a comprehensive health assessment and consultation with a licensed healthcare provider
  • Provide accurate and complete medical history, including current medications, allergies, and health conditions
  • Meet all applicable legal and regulatory requirements
  • Comply with state-specific telehealth and prescription regulations

6.3 Medication Safety and Interactions

You acknowledge and agree that:

  • You are responsible for informing all healthcare providers (including those outside our platform) about all medications you are taking
  • We are not responsible for medication interactions, contraindications, or adverse effects resulting from medications prescribed by other healthcare providers
  • You should consult with your healthcare provider or pharmacist about potential drug interactions, side effects, and proper usage
  • You must follow prescription instructions exactly as provided and report any adverse effects immediately

6.4 Prescription Fulfillment

Prescriptions may be fulfilled through:

  • Our partner pharmacies and medication delivery services
  • Local pharmacies of your choice (where permitted)
  • Mail-order pharmacy services

Prescription fulfillment is subject to pharmacy availability, insurance coverage, and applicable laws and regulations.

7. PAYMENT TERMS AND BILLING

7.1 Fees and Charges

You agree to pay all fees and charges associated with your use of our Services, including:

  • Consultation fees, visit charges, and service fees
  • Prescription and medication costs
  • Subscription fees (if applicable)
  • Additional services, features, or products you purchase
  • Applicable taxes, surcharges, and regulatory fees

All fees are displayed before you complete a transaction. You acknowledge that fees may vary based on:

  • Type of service or consultation
  • Healthcare provider selected
  • Geographic location
  • Insurance coverage and benefits

7.2 Payment Methods

We accept various payment methods, including:

  • Credit cards (Visa, MasterCard, American Express, Discover)
  • Debit cards
  • Health savings accounts (HSA) and flexible spending accounts (FSA)
  • Insurance payments (where accepted)
  • Other payment methods as we may offer from time to time

By providing payment information, you represent and warrant that:

  • You are authorized to use the payment method
  • The payment information is accurate and current
  • You authorize us to charge your payment method for all fees and charges incurred

7.3 Billing and Payment Processing

Payment is typically required at the time of service, unless otherwise specified. We use secure, PCI-DSS compliant third-party payment processors to handle payment transactions. You acknowledge that:

  • Payment processing is subject to the terms and conditions of our payment processors
  • We may store payment method information for future transactions (subject to your consent and our Privacy Policy)
  • Failed payments may result in service interruption or cancellation
  • You are responsible for maintaining valid payment information on file

7.4 Pricing Changes

We reserve the right to modify our pricing at any time. We will provide notice of material pricing changes to existing users, and new pricing will apply to services purchased after the effective date of the change.

7.5 Refunds and Cancellations

Refund policies vary by service type:

  • Consultations: Generally non-refundable once the consultation has been completed. Cancellations made at least 24 hours in advance may be eligible for a full refund or rescheduling
  • Prescriptions and Medications: Subject to pharmacy return policies and applicable laws. Unused medications may be returnable in certain circumstances
  • Subscriptions: May be cancelled at any time, with refunds provided on a prorated basis for unused portions (subject to terms of your subscription)
  • Technical Issues: If Services are unavailable due to technical issues on our end, we will work to resolve the issue or provide appropriate refunds or credits

To request a refund, please contact our customer service team. Refund requests are evaluated on a case-by-case basis and are subject to our refund policy and applicable laws.

7.6 Taxes

You are responsible for all applicable taxes, duties, and government charges related to your use of our Services, unless otherwise specified. We may collect and remit taxes as required by applicable law.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership of Content

All content, features, functionality, and materials available through our Services, including but not limited to:

  • Text, graphics, logos, icons, images, audio, video, and software
  • Website design, layout, user interface, and user experience elements
  • Trademarks, service marks, trade names, and brand names
  • Source code, object code, algorithms, and software applications
  • Documentation, manuals, guides, and educational content

are owned by OMZO, our licensors, or other third parties and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use only. This license does not include:

  • The right to resell, redistribute, or sublicense our Services or content
  • The right to use our content for commercial purposes
  • The right to modify, adapt, or create derivative works from our content
  • The right to remove, alter, or obscure any copyright, trademark, or proprietary notices

8.3 Prohibited Uses

You may not:

  • Copy, reproduce, distribute, transmit, display, perform, or create derivative works from our content without prior written authorization
  • Use our trademarks, logos, or brand names without our express written permission
  • Reverse engineer, decompile, disassemble, or attempt to extract source code from our software
  • Use automated systems, bots, scrapers, or other means to access or collect content from our Services
  • Remove, circumvent, or disable any security features or technological protection measures

8.4 User Content

You retain ownership of any content you submit, post, or transmit through our Services ("User Content"). However, by submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content for the purpose of providing and improving our Services.

9. USER CONDUCT AND PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities:

9.1 Illegal Activities

  • Use our Services for any illegal purpose or in violation of any applicable laws, regulations, or rules
  • Violate any local, state, national, or international law
  • Engage in fraud, deception, or misrepresentation
  • Violate any healthcare regulations, including but not limited to prescription drug laws

9.2 False Information

  • Provide false, misleading, inaccurate, or incomplete information, including false medical history, symptoms, or identity information
  • Impersonate any person or entity, including healthcare providers, employees, or other users
  • Create fake accounts or use someone else's identity

9.3 System Interference

  • Interfere with, disrupt, or damage our Services, servers, networks, or systems
  • Attempt to gain unauthorized access to our Services, accounts, computer systems, or networks
  • Use automated systems, scripts, bots, or other means to access our Services without authorization
  • Introduce viruses, malware, Trojan horses, or other harmful code
  • Overload, flood, or spam our systems or networks

9.4 Abuse and Harassment

  • Harass, abuse, threaten, or harm other users, healthcare providers, or our employees
  • Use offensive, discriminatory, or inappropriate language or content
  • Violate the privacy or rights of others

9.5 Commercial Use

  • Use our Services for commercial purposes without our express written authorization
  • Resell, redistribute, or sublicense access to our Services
  • Use our Services to compete with us or develop competing services

9.6 Account Security

  • Share your account credentials with others
  • Allow others to use your account
  • Create multiple accounts to circumvent restrictions

Violation of these conduct rules may result in immediate termination of your account and access to our Services, and may subject you to legal action.

10. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

We implement industry-standard security measures to protect your information, including encryption, secure authentication, and access controls. However, you acknowledge that no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

11. DISCLAIMERS OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, express or implied, including but not limited to:

  • Warranties of Merchantability: That our Services will meet your requirements or be suitable for your intended use
  • Warranties of Fitness for a Particular Purpose:That our Services will be fit for any specific purpose
  • Warranties of Non-Infringement: That our Services will not infringe the rights of third parties
  • Warranties of Availability: That our Services will be uninterrupted, timely, secure, or error-free
  • Warranties of Accuracy: That information, content, or results obtained through our Services will be accurate, reliable, or complete
  • Warranties of Correction: That defects or errors will be corrected
  • Warranties of Security: That our Services or servers are free of viruses or other harmful components

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OMZO, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR HEALTHCARE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, use, goodwill, or other intangible losses
  • Damages resulting from your use or inability to use our Services
  • Damages resulting from unauthorized access to or alteration of your data or transmissions
  • Damages resulting from statements or conduct of third parties on our Services
  • Damages resulting from medical decisions, treatments, or prescriptions (subject to applicable medical malpractice laws)
  • Damages resulting from delays, interruptions, or termination of Services
  • Any other damages arising out of or relating to these Terms or our Services

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

This limitation applies regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless OMZO, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and healthcare providers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your use or misuse of our Services
  • Your violation of these Terms or any applicable law or regulation
  • Your violation of any third-party rights, including intellectual property rights, privacy rights, or other proprietary rights
  • Any content you submit, post, transmit, or make available through our Services
  • Your interactions with healthcare providers or other users
  • Any false, inaccurate, or misleading information you provide

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

14. TERMINATION

14.1 Termination by You

You may terminate your account and stop using our Services at any time by:

  • Contacting our customer service team
  • Using account deletion features in your account settings (where available)
  • Cancelling any active subscriptions

14.2 Termination by Us

We reserve the right to suspend, restrict, or terminate your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms or our policies
  • Fraudulent, illegal, or harmful activity
  • Misuse of our Services or abuse of other users or healthcare providers
  • Non-payment of fees or charges
  • Extended periods of account inactivity
  • Request by law enforcement or regulatory authorities
  • Any other reason we determine in our sole discretion

14.3 Effect of Termination

Upon termination:

  • Your right to access and use our Services will immediately cease
  • You will lose access to your account, data, and any content stored in your account
  • We may delete or deactivate your account and all associated data (subject to our data retention policies and legal requirements)
  • All outstanding fees and charges will become immediately due and payable
  • Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, disclaimers, limitations of liability, and indemnification

15. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

Any disputes, controversies, or claims arising out of or relating to these Terms, our Services, or the relationship between you and OMZO shall be subject to the exclusive jurisdiction of the state and federal courts located in [Your City, State], and you consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent unauthorized use of our Services.

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before initiating formal dispute resolution proceedings, you agree to first contact us to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days of receiving your notice.

16.2 Binding Arbitration

If we cannot resolve a dispute informally, you agree that any dispute, controversy, or claim arising out of or relating to these Terms, our Services, or the relationship between you and OMZO shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, rather than in court.

The arbitration will be conducted in [Your City, State] by a single arbitrator. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

You agree that disputes will be resolved individually and that you will not participate in, or seek to bring, any class action, collective action, or representative proceeding against us. If this class action waiver is found to be unenforceable, then the arbitration agreement will be null and void, but the remainder of these Terms will remain in effect.

16.4 Exceptions

The arbitration requirement does not apply to:

  • Claims for injunctive or equitable relief
  • Claims in small claims court
  • Intellectual property disputes

17. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, such provision shall be severed from these Terms.

The validity, legality, and enforceability of the remaining provisions shall not be affected, and the remaining provisions shall remain in full force and effect.

18. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and OMZO regarding your use of our Services and supersede all prior and contemporaneous agreements, understandings, negotiations, and communications, whether oral or written, relating to the subject matter of these Terms.

No waiver, modification, or amendment of any provision of these Terms shall be effective unless in writing and signed by both parties, except as otherwise provided in these Terms.

19. ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment, transfer, or delegation in violation of this provision shall be null and void.

We may assign, transfer, or delegate these Terms or any of our rights or obligations hereunder without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

20. WAIVER

No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.

21. FORCE MAJEURE

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, pandemics, government actions, internet or telecommunications failures, or other force majeure events.

22. CONTACT INFORMATION

If you have questions, concerns, or requests regarding these Terms or our Services, please contact us:

OMZO Legal Department

Insert Address

Email: legal@omzo.com

Phone: +1234567890

Customer Service: support@omzo.com