Terms of service

TERMS AND CONDITIONS

Last Updated: August 28, 2024

Welcome to Zealacare! Thank you for your interest in our products and services.

We offer a variety of products and services ranging from consumer and medical products, websites, mobile applications, customer support and other products or services.  We refer to those products or services collectively as the “Product” or “Products.”

The following terms and conditions govern your use of the Products. We refer to these terms and conditions as “Terms and Conditions”. When we use “Zealacare,” “we,” or “us,” we are referring to Zealacare, LLC unless the context indicates otherwise.

Please read these Terms and Conditions carefully. By purchasing, installing, downloading, or otherwise accessing or using our Products, you are agreeing to these Terms and Conditions and are creating a legally binding contract regarding your use of our Products. If you do not agree to these Terms and Conditions, do not use our Products.

Because our Products take many forms, additional terms or Product requirements may apply and are included with the relevant Products. Those additional terms and Product requirements become part of your contract with us.

  1. Consumer and Medical Products

Zealacare sells both consumer and medical products. Consumer Products are not intended for use as a medical device or to replace a medical device. They do not and are not intended to diagnose, cure, treat, alleviate or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process.

Zealacare also sells medical products, which are those products which have been registered as medical devices.  Our product documentation will inform you of the Product’s classification as a medical product.  In these cases, those products have been tested, validated and affirmed to meet certain quality and safety standards. In these cases, the instructions for use, handling, maintenance and performance will be subject to separate information and labeling provided to you by Zealacare separately with those Products, and users of such Products are expected to review and abide by that documentation.  

OUR PRODUCTS DO NOT PROVIDE ANY MEDICAL ADVICE OR OPINIONS AND DO NOT SERVE AS A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL. YOU MAY PROVIDE THE INFORMATION AND REPORTS DISPLAYED IN OUR PRODUCTS TO MEDICAL PROFESSIONALS AT YOUR OWN RESPONSIBILITY, UNDERSTANDING THAT THE PRODUCTS ARE PROVIDED WITHOUT WARRANTY EXCEPT AS REQUIRED BY LAW OR AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT.

None of the Products are intended for emergency situations. If you think you or anyone else may have a medical emergency, call your doctor or emergency services immediately. Never disregard professional advice or delay in seeking treatment or advice because of information you receive from the Products or read about the Products.

  1. Use of Our Products

Proper Use. 

Don’t misuse our Products. Use our Products for their intended purpose only. They do not and are not intended to diagnose, cure, treat, or prevent any disease or health condition or investigate, replace or modify anatomy or any physiological process.  Never use our Products to replace good caregiving, common sense, or appropriate medical care.  Use our Products only as permitted by law, including applicable export and re-export control laws and regulations. 

You will not, and you will not permit anyone under your control to, do or attempt to do any of the following: 

  • use or access our Products using a method other than the interface and the instructions or labeling that we provide; 

  • bypass or remove any security restrictions on our Products for any purpose, including to permit the installation of unauthorized software or to retrieve data from our Products other than as intended. Such use of our Products may put you or a care recipient at risk or otherwise prevent or hinder the proper and intended use of our Products.  

  • use our Products to harm, threaten, or harass any person or organization;

  • use our Products for your own commercial gain; 

  • use or attempt to use any unauthorized means to modify, reroute or gain access to the Products in a manner not intended;

  • enable unauthorized third-party applications to access the Products;

  • share your account password or otherwise allow access or use the Products in an unmonitored manner;

  • modify, copy or make derivative works based on any Products;

  • copy, modify, distribute, sell, lease, or reverse engineer any part of our Products or attempt to extract the source code of any software included in the Products; 

  • use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use any Product, or to copy or scrape data from any Product;

  • use unauthorized software or hardware to access any Product or to modify any Product in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades or unauthorized downloads).  

If you use our Products improperly or in violation of these Terms and Conditions, we may stop providing our Products to you or terminate your service (see Section 5, Termination of Services, below).

Age Recommendations.

While there is no age restriction in the use of our Products, Zealacare recommends that caregiver users be at least 18 years old to use our Products. By agreeing to these Terms and Conditions, you are telling us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from use of the Products; and (c) your registration and your use of the Products complies with the law.

Ownership; Proprietary Rights. 

We own and operate the Products. This includes the trademarks, copyrights, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), hardware, products, software, services, and all other elements of the Products. Your use of our Products does not give you ownership of any intellectual property rights in our Products or the data you access. We reserve all rights to the Products not granted expressly in these Terms and Conditions.

Accounts and Registration. 

To access features of some of the Products, you must purchase the necessary hardware from us or one of our authorized distributors and register for an account. When you register for an account, you may be required to provide us with some information about yourself and a care recipient, or other associated information. By providing information, you agree that we can use the information you provide in accordance with the terms of our Privacy Policy.

You also agree to provide accurate information and to keep that information accurate and up-to-date at all times.

When you register for an account, you will create a password to protect that account. Keep your password confidential because you are responsible for all activity that occurs through your account. If you believe that your account is no longer secure, notify us immediately at support@zealacare.com.

User Content. 

If you choose to provide us with comments, input, suggestions, messages, reviews, photos, videos, images, or any other information, then you give us the right to use that information in any manner and for any purpose, including to improve the Products and create other products and services, consistent with our Privacy Policy. 

You also agree to only provide us content that belongs to you, does not infringe anyone else’s rights, and is not defamatory, vulgar, harassing, or otherwise inappropriate.

We may remove or prohibit you from posting any of your content for any reason.

Software. 

If one of the Products you use is software, we provide that software under a personal, non-assignable (meaning you can’t give the software to anyone else), royalty-free, and non-exclusive license to use an object code copy of the software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Products consistent with these Terms and Conditions. Some of our Products may include software as a paid-for service.  In those instances, you may be subject to separate terms and conditions for that software, which may not be royalty-free and limited in duration, depending on those terms and conditions.

Some software used in our Products may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms and Conditions.

Zealacare Products or services may be interrupted or become unavailable, and if they are, you may need to rely on your own direct observations, supervision and care for any care recipients.  

  1. Privacy Policy 

When you use our Products, we collect personal information and may use it to improve our products and the user experience. For research activities, we use only de-identified or aggregated data, which is not “personal information” and cannot be associated with you or a care recipient. We treat the personal information you provide us consistent with the terms of our Privacy Policy. 

By using the Products, you agree that we can use the personal information you provide in accordance with the terms of our Privacy Policy. If you have any questions regarding our use of your data, you may reach us at support@zealacare.com.

Any links to third party websites in the Products are provided for convenience. We are not responsible for the content of or any actions taken by those third party websites.

  1. Copyright Protection

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

We provide information to help copyright holders manage their intellectual property online. If you think someone is violating your copyrights and want to notify us, please contact us at support@zealacare.com.

  1. Termination of Services

To the extent permitted by applicable law, Zealacare can suspend or terminate our service to your Products or suspend or terminate your right to use any Product, as it determines for any valid reason. By way of example, we may suspend or terminate a Product if you have, or if we reasonably believe you have, violated this agreement, or in connection with any event or legal development beyond our control that hinders or prevents our ability to offer our Products. To the extent reasonable, we will notify you in advance of any such suspension or termination. However, if you materially violate this agreement, we can immediately suspend or terminate your right to use any Products. In addition, we have no obligation to support any version of a Product once a new version of such Product is released. 

You may also terminate your use of any Product and delete your account. 

If your account is terminated or deleted for any reason, (a) we may retain all of your personal information (as defined in our Privacy Policy) associated with your use of a Product as long as it is required or permitted by applicable law, (b) your rights to use the Product will terminate, and (c ) Sections 2 and 7 will survive such termination and continue to apply to the parties. Notwithstanding the foregoing, if your use of Product is terminated for any reason, we may, without liability to you or any third party, immediately deactivate your account and delete your user name, password and account information, and all associated material (including personal information), without any obligation to provide any further access to such materials.  If you have the right to delete the data associated with your account under applicable laws and regulations, please see our Privacy Policy for instructions on how to submit a request.

  1. Warranties and Disclaimers

We provide our Products using a commercially reasonable level of skill and care. While we strive to provide you with quality Products, we don’t promise certain things about our Products.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS OR ADDITIONAL TERMS PROVIDED WITH AN INDIVIDUAL PRODUCT, NEITHER WE NOR OUR SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT OUR PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY PROMISES ABOUT OUR PRODUCTS’ FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PRODUCTS “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE OUR PRODUCTS AT YOUR OWN RISK.

ZEALACARE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF OUR PRODUCTS. ZEALACARE ALSO DOES NOT WARRANT THE ACCURACY OF ANY PRODUCT OR DATA TRANSMITTED TO ZEALACARE OR ANY MEDICAL PROFESSIONAL AND ALL DATA UPLOADED OR TRANSMITTED BY ANY PRODUCT IS PROVIDED TO YOU “AS IS.” ZEALACARE DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR PRODUCTS.

EXCEPT AS INCLUDED IN ANY PRODUCT LABELING, AND WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PRODUCTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.

HIPAA Disclaimer

Zealacare is not a covered entity health care provider as defined by the Health Insurance Portability and Accountability Act (HIPAA) because we do not transmit health information in electronic form in connection with HIPAA standard transactions. We are also not a business associate to HIPAA covered entities because we do not provide services which require us to have access to, or to create, use, disclose or maintain, or transmit patient protected health information on behalf of covered entities. Therefore, we are not required to comply with HIPAA and any information you provide to us directly is not subject to HIPAA requirements. You agree that you will not make HIPAA claims against us.

  1. Dispute Resolution

We strive to provide you with Products that you will enjoy using. However, we understand that sometimes you may not be satisfied with the Products. We both agree to use our best efforts to resolve any dispute between us in an amicable manner. If the dispute is unable to be resolved with informal efforts, we both agree to submit disputes to mandatory arbitration.  

TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ZEALACARE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A "DISPUTE"), WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT ZEALACARE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.  YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU FURTHER AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND THAT YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES (CURRENTLY AVAILABLE XX), AS AMENDED BY THIS AGREEMENT.  THE ARBITRATOR WILL CONDUCT HEARINGS, IF ANY, BY TELECONFERENCE OR VIDEOCONFERENCE, RATHER THAN BY PERSONAL APPEARANCES, UNLESS THE ARBITRATOR DETERMINES UPON REQUEST BY YOU OR BY US THAT AN IN-PERSON HEARING IS APPROPRIATE.  ANY IN-PERSON APPEARANCES WILL BE HELD AT A LOCATION WHICH IS REASONABLY CONVENIENT TO BOTH PARTIES WITH DUE CONSIDERATION OF THEIR ABILITY TO TRAVEL AND OTHER PERTINENT CIRCUMSTANCES.  IF THE PARTIES ARE UNABLE TO AGREE ON A LOCATION, SUCH DETERMINATION SHOULD BE MADE BY THE AAA OR BY THE ARBITRATOR.  THE ARBITRATOR'S DECISION WILL FOLLOW THE TERMS OF THIS AGREEMENT AND WILL BE FINAL AND BINDING.  THE ARBITRATOR WILL HAVE AUTHORITY TO AWARD TEMPORARY, INTERIM OR PERMANENT INJUNCTIVE RELIEF OR RELIEF PROVIDING FOR SPECIFIC PERFORMANCE OF THIS AGREEMENT, BUT ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM BEFORE THE ARBITRATOR. THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF.  NOTWITHSTANDING ANY OF THE FOREGOING, NOTHING IN THIS AGREEMENT WILL PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF FEDERAL, STATE OR LOCAL AGENCIES AND, IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

Some jurisdictions outside the United States may not allow for arbitration of certain Disputes in certain circumstances. To the extent that you are a resident of such jurisdiction, and this arbitration provision is found to be unenforceable by a court within such jurisdiction in connection with a Dispute between you and Zealacare, such Dispute will instead, to the extent permitted by applicable law, be resolved exclusively in the federal and state courts located in Utah, and you and Zealacare each waive any jurisdictional, venue or inconvenient forum objections to such courts. 

In the event of a dispute arising under or relating to this Agreement, the disputing party must provide the other party with written notice of the dispute, including the facts giving rise to the dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to Zealacare by mail or overnight delivery at the following address: 4262 W 4000 N, Cedar City, UT 84721 and copy by email to support@zealacare.com.

  1. Liability for our Products

WHEN PERMITTED BY LAW, WE, AND OUR SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY AND OUR SUPPLIERS’ AND DISTRIBUTORS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS AND CONDITIONS OR RELATED TO THE PRODUCTS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE PRODUCTS.

IN ALL CASES, WE AND OUR SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, NOR WILL ZEALACARE OR OUR SUPPLIERS AND DISTRIBUTORS BE LIABLE FOR INJURIES CAUSED BY A PROPERLY FUNCTIONING PRODUCT.   

  1. Clinical, Product Development and Regulatory Data Uses

By using our Products, you will be contributing to improved care in the community. We may share de-identified data with authorized individuals and institutions, including healthcare professionals, for clinical and health research purposes and studies, to train healthcare professionals, to help improve the provision of healthcare, to compare efficacy and accuracy of our products against other products, and to increase the efficiency, cost-effectiveness, and accuracy of services.

Zealacare does also use this de-identified data for its own internal research, product development and to help improve the quality and accuracy of its products and services. We may also generate or extract and use fully anonymized data for our purposes as we see fit.  

  1. About these Terms and Conditions

We may modify these Terms and Conditions or any additional terms that apply to a Product. You should look at these Terms and Conditions regularly. We’ll post notice of modifications to these Terms and Conditions on this page or within our mobile applications. If you do not agree to the modified Terms and Conditions for a Product, you should discontinue your use of that Product.

If there is a conflict between these Terms and Conditions and the additional terms, the additional terms will control for that conflict.

These Terms and Conditions are a legal agreement between us. They do not create any third-party beneficiary rights.

If you do not comply with these Terms and Conditions and we don’t take action right away, our inaction does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms of these Terms and Conditions.

The laws of Utah, U.S.A., excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms and Conditions or the Products. Both of us agree that the exclusive venue for any arbitration proceedings is Salt Lake City, Utah. In the event that either of us brings a lawsuit arising out of or relating to these Terms and Conditions or the Products, we both agree that it will be litigated exclusively in the federal or state courts of Salt Lake City, Utah, USA, and consent to personal jurisdiction in those courts.

For any additional questions, please reach out to us directly.