Zencare Group Inc.
Terms and Conditions

Last Updated: April 8, 2026

Zencare Group Inc. (hereinafter collectively referred to as “Zencare,” “us,” “we,” “our,” or “Company”) has created the following Terms & Conditions of Use (“Terms & Conditions” or “Terms”) to apply to all users (“you” or “your”) of our websites, https://zencare.co, https://therapist.zencare.co, https://blog.zencare.co, https://zencarepracticemanagement.com, https://zencarepractice.com (the “Sites”), including our mobile sites, and all digital assets contained, or offered therein (collectively, our “Services”).

These Terms & Conditions are written in the English language.  We do not guarantee the accuracy of any translated versions of these Terms & Conditions.  To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.

1. GENERAL CONDITIONS

Zencare offers an online platform to allow therapists, psychiatrists, other mental health professionals, nutritional therapists, and social workers (each, a “Therapist”) and individual healthcare consumers (each, a “User”) to connect with each other through our website located at https://zencare.co.  Please carefully read these Terms & Conditions before using our Services.  By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section IX, and the Privacy Policy1.  If you do not agree to the Terms & Conditions, then you must not use our Services.  If you violate the Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies.  The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

Our Services are not intended for use in an emergency. If you are thinking about suicide, are considering taking actions that may cause harm to you or to others, feel that you or any other person may be in any danger, or are experiencing any medical emergency, please immediately call the applicable emergency service numbers and notify relevant authorities. You acknowledge, confirm, and agree that the Sites are not designed for use in emergencies or for the diagnosis or treatment of serious mental, behavioral, or substance abuse conditions.

We reserve the right to suspend or terminate any User or Therapist account and your use of the Services in our sole discretion.

1. ELIGIBILITY TO USE THE SITES AND THE SERVICES

Any use of the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

By using the Services, you represent and warrant that you (i) you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and (ii) have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. The Services are administered in the United States and intended for U.S. persons only.

1. NO DOCTOR/PATIENT RELATIONSHIP

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICES, ANY FEATURES THEREOF, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AND/OR CONNECT WITH A THERAPIST OR OTHER HEALTH CARE PROVIDER.

1. DISCLAIMER OF MEDICAL LIABILITY

THE SERVICES ARE OFFERED FOR INFORMATIONAL, EDUCATIONAL AND SCHEDULING PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ZENCARE DOES NOT PROVIDE THERAPY, MEDICAL ADVICE, OR MEDICAL OR DIAGNOSTIC SERVICES.

ZENCARE SOLELY OFFERS AN ONLINE PLATFORM FOR THERAPISTS AND USERS TO CONNECT ONLINE AND FOR USERS TO OBTAIN INFORMATION TO DETERMINE WHETHER SUCH USER WOULD LIKE TO ENGAGE ANY THERAPIST. ZENCARE DOES NOT EMPLOY, AND IS NOT RESPONSIBLE FOR THE THERAPISTS. ZENCARE SHALL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY THERAPIST OR USER. ZENCARE’S RESPONSIBILITIES ARE LIMITED TO PROVIDING THE SITES AND THE SERVICES.

THERAPISTS AND USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH EACH OTHER AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH THERAPIST OR INTERACTION WITH ANY USER, AS APPLICABLE. YOU AGREE NOT TO IMPOSE OR ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM ZENCARE WITH RESPECT TO ANY AND ALL SUCH CLAIMS. ZENCARE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILE. ZENCARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL THERAPY SERVICES OBTAINED THROUGH THE SITES AND/OR THE SERVICES. ACCORDINGLY, ANY THERAPY SERVICES OBTAINED BY A USER OR PROVIDED BY A THERAPIST THROUGH THE SITES WILL BE OBTAINED AT SUCH USER’S OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

The Sites are not intended for diagnosis, including information regarding which drugs or treatment may be appropriate for you, and you should disregard any such drug treatment advice if delivered through the Sites. You are advised to exercise a high level of care and caution using the Sites.

You agree, confirm and acknowledge that you are aware that the Services are not a substitute for a face-to-face session by a licensed qualified professional. You should never rely on or make health or well-being decisions purely based on the Sites or any interactions or information herein or hereon. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you receive through the Sites.

Any information presented on the Sites by Therapists, advertisers, and other Users is presented for your information and may not be appropriate for any particular individual or prediction of effectiveness, outcome or success. If you rely on any Content (as defined below) listed on the Sites, you do so solely at your own risk.

Even though we take steps to verify the information provided to us by the Therapists, we cannot guarantee the authenticity of such information, including medical degrees, licenses, certification, credentials, or background. We do not recommend or endorse any Therapist, nor do we make any representation or warranty with respect to any such information or the quality of the services they may provide, and when or if you engage with a Therapist, you do so at your own risk.

1. HIPAA COMPLIANCE

Any Protected Health Information, as that term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”), shall be processed in accordance with the terms of (i) our Business Associate Agreement, if and as applicable, which is incorporated herein by reference, and (ii) our Privacy Policy.

1. SITE ACCESS AND PROFILES

Users and Therapists may voluntarily submit, and hereby authorize Zencare, its employees, agents and others operating on its behalf, to use and/or disclose information about such User or Therapist, as provided through messages or profiles, including, without limitation, certain information that personally identifies the individual (“Personal Information”), as further described in the Privacy Policy.

If you are a User, you may engage with the Sites without providing Personal Information. However, if you would like to send a message to, or book a phone consultation with, a Therapist on the Sites, you may be asked for Personal Information such as your first and last name, email address, phone number, and type of insurance, which will be delivered to the Therapist. By booking a phone consultation or sending a message through Zencare’s form using the message button, you understand that your message will be sent by email, which is not a secure means of communication.

If you are a Therapist, you agree to work with Zencare to create an online profile (“Profile”). Therapists will provide Zencare with information such as first and last name, educational background, and professional statement, and a Zencare representative will create a Profile on the Sites and update information on the Profile as requested going forward. Profiles will be made publicly available via the Sites. A Therapist may not have more than one (1) active Profile and each Therapist agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You agree not to disclose your username or password to your Profile or account to any third party and take sole responsibility for any activities or actions under your respective Profile or account. Therapists shall immediately notify Zencare of any unauthorized use of a Profile. Zencare reserves the right, at any time and without prior notice, to remove or disable access to any Profile and terminate a Therapist’s account and access to the Sites and the Services for any reason, in its sole discretion.

We have no control over and cannot guarantee the availability of any Therapist at any particular time or guarantee a particular Therapist’s office hours. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. Users are strongly advised to perform their own investigation prior to selecting a Therapist by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials, education, and insurance coverage, and to further verify information about a particular Therapist by confirming with the Therapist’s office, the medical association relative to the Therapist’s specialty and the Therapist’s state medical board. Users hereby acknowledge and agree that, notwithstanding the assistance that the Services provided to Users in locating Therapists, the ultimate decision to engage the services of a Therapist remains solely with the User, and each User hereby agrees to assume any risk inherent in utilizing the Services and/or deciding whether or not to actually engage, and use the services of, any Therapist listed on the Sites.

1. CONTENT

We will use certain defined terms in this section and throughout these Terms as follows:

• “Content” means text, blog posts, images, artwork, drawings, designs, graphics, photos, podcasts, audio, video, location data, software, code, configurations, information, suggestions, guidance, and all other forms of data, communication, or materials, as well as their selection and arrangement.
• “Therapist Content” means Content that Therapists submit or transmit to, through, or in connection with the Services, such as professional experience, certifications, messages and information that Therapists publicly display in their Profiles.
• “Third Party Content” means Content that originates from parties other than Zencare, Users or Therapists, which is made available in connection with the Sites or the Services.
• “User Content” means Content that Users submit or transmit to, through, or in connection with the Services, such as recommendations, feedback, messages and information, including Personal Information.
• “Zencare Content” means Content provided by Zencare.

Users and Therapists may have the opportunity to submit User Content and Therapist Content, as applicable, including feedback regarding Users’ experiences with Therapists who are featured on the Sites, inquiries concerning possible medical needs, participation in the other interactive and community features of the Services, and updates to Profiles.

It is important that you act responsibly when providing Content to the Sites. In providing feedback, please give clear, honest information about your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. By providing Content to or through the Sites, you represent and warrant that you have the right to submit such Content and to authorize the reproduction, display, and other use of the same as contemplated herein.

1. THERAPIST CONTENT

Therapists are also subject to the following additional terms:

• Zencare restricts participation in the Services to Therapists who hold active medical licenses and all certifications necessary to practice any specialty services offered to Users. If you are a Therapist, you represent and warrant, by your continued use of the Services, that you hold an active medical license and all necessary certifications and will notify us promptly if any of this information changes;
• You represent and warrant that at all times your Therapist Content will be complete and accurate;
• You acknowledge that Zencare does not represent and has no control over Users.  Zencare disclaims all warranties in and liability for, and you agree not to hold Zencare liable for, the actions or inactions of Users, including, without limitation, negative feedback, failure to show up at the designated time for appointments, or failure to comply with these Terms;
• You acknowledge that, in providing the Services, Zencare may: (i) update your Profile with information obtained from third-party sources in consultation with you; (ii) contact you by phone, email, text, or other media; and (iii) take all other actions necessary to provide the Services and keep any Therapist Content complete and current;
• You agree not to falsely express or imply that such Therapist Content is sponsored or endorsed by Zencare;
• Therapist Content may not be unlawful or promote or encourage illegal activity;
• You understand and agree that Zencare may (but is not obligated to) review and delete any Therapist Content that, in the sole judgment of Zencare, violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others; and
• You agree to comply with all applicable state and federal privacy and security laws and regulations, including HIPAA and its implementing regulations at 45 C.F.R. Parts 160 to 164 and to obtain any patient, individual, or other third-party authorizations or consents that may be required under state or federal law or regulation, including without limitation, 42 C.F.R. Part 2, in order to transmit or make available Protected Health Information to Zencare and to enable Zencare and its subcontractors, agents and assigns to receive, use, and disclose Protected Health Information in connection with the Services, including without limitation, consents and authorizations relating to mental health, HIV, substance use disorders, DNA and genetic information, and other particularly sensitive conditions.

As part of the Services, we reserve the right to publish information about such Therapist’s services and any recommendations submitted by any User regarding the use of such Therapist’s services, as well as to remove Therapist Content for any reason. We are not, however, responsible for any failure or delay in removing Therapist Content.

Therapist Content is intended for general reference purposes only. Such Therapist Content is both self-reported by the Therapist and/or collected from other data sources that are generally confirmed by the Therapist. Such Therapist Content often changes frequently and may become out of date or inaccurate. We are not involved in or responsible for any of the services provided by the Therapists.

1. CONTENT STANDARDS

These content standards apply to User Content and Therapist Content. User Content and Therapist Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Additionally, without limiting the foregoing, Content must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

1. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES

Zencare grants you a personal, revocable, limited, non-exclusive, non-transferable license to (i) access and view any Zencare Content solely for your personal and non-commercial purposes when you are using the Services; (ii) access and view any Content that belongs to other Users or Therapists to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and (iii) access and use the Services via an industry standard consumer web browser solely for the purpose of receiving information and scheduling communications with the Therapists, in each case solely as permitted herein and solely as long as you do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party.  We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.  You have no right to sublicense the license rights granted in this section.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades.  We (and our licensors, as applicable) remain the sole owner of all rights, title, and interest in the Services.  We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

By making Content available on or through the Sites or Services, you hereby grant to Zencare a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit such Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.

1. USER ACCOUNTS
2. Account Registration

You agree to provide accurate, current, and complete information during the registration process ("Registration Information"), and you agree to update the Registration Information in order to ensure that it is current.  Zencare reserves the right to revoke your registration without notice to you in the event you breach any part of these Terms.

1. Passwords

Upon registration on the Services, you will select a password to access your account.  You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you.  You agree to immediately notify Zencare of any suspected or actual unauthorized use of your account.  You agree that we will not under any circumstances be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your password.

1. INTELLECTUAL PROPERTY

The Services and all Zencare Content are the proprietary property of Zencare and are protected by United States and international intellectual property and proprietary rights laws.  We reserve any and all rights to the Services and all Zencare Content.  The Services and all  Zencare Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Zencare Content for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Zencare Content, and do not further reproduce, publish, or distribute such Zencare Content.  Please note that this limited consent may be revoked at any time by us and does not include consent to republish Zencare Content on the Internet, or any Intranet or Extranet site, or to incorporate the Zencare Content in any data base or other compilation.  Any other use of the Zencare Content is strictly prohibited.  You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to user identities or Personal Information.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of Zencare, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Zencare, or its owners.  All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

If you believe that any Content violates your copyright, please notify us with the claim of copyright infringement and we will respond expeditiously in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). It is the policy of Zencare to terminate the Content of repeat infringers. Click here to read our Copyright Infringement Policy2.

1. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to collect or track the Personal Information of others; (h) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (i) for any damaging, obscene or immoral purpose; (j) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (k) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (l) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (m) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (n) use a buying agent or purchasing agent to make purchases on the Sites; (o) use the Services to advertise or offer to sell goods and services, other than the making of a Profile as specifically authorized herein; (p) engage in unauthorized framing of or linking to the Services; (q) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (r) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (s) sell or otherwise transfer your profile; (t) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (u) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (v) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (w) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (x) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (y) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (z)  in any way that may be deemed a breach or violation of any of our Terms & Conditions or Privacy Policy.  We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Zencare has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  Zencare may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Zencare or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Zencare, its Users, its Therapists, or members of the public. You acknowledge that Zencare has no obligation to monitor your access to or use of the Sites or Services or to review any Content, but has the right to do so for the purpose of operating and improving the Sites and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms, and for any other purposes permitted by applicable law.

1. AUTHORIZATION AND ACKNOWLEDGMENT

In connection with using the Services for informational purposes and to locate and schedule appointments with Therapists, you understand that, in Zencare’s sole discretion:

• Zencare may pre-populate the Services with information for Therapists;
• Zencare may select Therapists to be featured on the Services based on pre-existing contractual agreements with the Therapists and such selection is not an endorsement of such Therapists;
• Zencare may charge Therapists a fee in order to be listed on the Sites; and
• Zencare will provide the User with a list of Therapists whose Profiles match the health care that the Users are seeking based solely on the information provided to Zencare (such as insurance information, proximity to your geographical location, and additional criteria that Users specify).

EACH USER IS ULTIMATELY RESPONSIBLE FOR CHOOSING A THERAPIST.

1. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
2. Errors, Inaccuracies, & Omissions

Our Services may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials.  We do not warrant the accuracy, completeness, or usefulness of this information.  We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).

We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

1. Links to the Services

You may not create a link to any page of our Services without our prior written consent.  If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.

1. PRICING AND PAYMENT

The price for engaging the services of a Therapist will be listed in the Therapist’s Profile. These prices are provided by the Therapist to Zencare and may be changed at the Therapist’s discretion from time to time. While Zencare may occasionally confirm the accuracy of pricing information with the Therapists, we cannot guarantee the Therapist’s exact pricing at any given time.   As consideration for providing such service, Zencare reserves the right to retain a portion of the payment as a service change.

Zencare charges a subscription fee to all Therapists listed on our Sites in accordance with the pricing set forth on our Pricing Page3, as may be updated from time to time (such updates effective upon posting, including for ongoing subscriptions). This subscription is an annual commitment, and Therapists are responsible for the remainder of the year if they cancel their membership before the year is up. Therapists who receive additional free months of membership in their first year, for example in cases where Zencare is new to the geography in which they practice, are still responsible for twelve months’ worth of payment.

1. HEALTH INSURANCES

The health insurances that a Therapist accepts will be listed in the Profiles. This insurance information is provided by the Therapist to Zencare and may be changed at the Therapist’s discretion from time to time. While Zencare may occasionally confirm the accuracy of health insurance information with the Therapists and health insurance company databases, we cannot guarantee the accuracy of which health insurance policies are accepted by a Therapist at any given time.

1. REIMBURSIFY

Zencare utilizes Reimbursify to determine insurance pricing. When you utilize our Service, you may be asked to provide certain Personal Information to determine your potential insurance rates. Reimbursify will have access to the information you provide, and this information will also be governed by Reimbursify’s Terms of Service. You can access Reimbursify’s Terms of Service by clicking on this link.

1. LINKS TO THIRD PARTY WEBSITES

The Sites and the Services may contain links to third-party websites or resources. You acknowledge and agree that Zencare is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Zencare of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources, and you agree that Zencare is not liable for any harm or damages related to the purchase of goods, services, resources, content, or other transactions made in connection with any other party’s websites or other platforms.

1. WARRANTY DISCLAIMER

OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  WE DO NOT WARRANT THAT ANY PARTICULAR RESULTS WILL BE ACHIEVED FROM USE OF THE SERVICES, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.  YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.

IN NO CASE SHALL WE, OUR EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS, AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.  ZENCARE IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY THERAPIST LISTED IN THE SITES. IN THE EVENT ZENCARE IS FOUND TO HAVE ANY LIABILITY UNDER THIS AGREEMENT IN SPITE OF THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF ZENCARE, OUR EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH ARE LIMITED TO THE FULLEST EXTENT PERMISSIBLE UNDER SUCH LAW.

1. GOVERNING LAW AND JURISDICTION

All matters relating to the Sites and the Services and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Subject to Section XXII, below, any legal suit, action or proceeding arising out of, or related to, the Sites or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia in each case located in the City of Atlanta and County of Fulton. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.

1. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

Agreement to Arbitration; Class Waiver:  You and we agree, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Sites, the Services and the Content, including, but not limited to, our Privacy Policy and/or our privacy practices generally, these Terms, and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms.

Pre-Filing Mediation.  In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other a written Notice of Claim (“Notice”). If you are the claimant, the Notice to us must be emailed to [email protected].  If we are the claimant, the Notice must be sent to the address (email or physical) we have on file for you in your account, and you agree that you are responsible for updating such address. For purposes of clarity, general notices related to the Services that do not pertain to the initiation of arbitration may be posted on the Sites without direct or individual notice to you. You agree that you will be deemed to have received any notice sent in accordance with the immediately preceding sentence.  The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought.  Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court, as appropriate.

Additional Arbitration Provisions:

(a) Settlement Offers:  During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator.

(b) Initiating a Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org.  Alternatively, you may contact the arbitration administrator by calling 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271.

(c) Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after Zencare receives notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address provided in the Notice, unless your claim is for greater than US $10,000.

(d) Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 or writing to the American Arbitration Association, 120 Broadway, Floor 21, New York, NY 10271. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.

(e) Location of Hearing:  Unless you and we agree otherwise, any arbitration hearings will take place in Fulton, Georgia. If your claim is for US$10,000 or less, we agree you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

(f) Class Waiver:  YOU AND WE 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by any individual, then the entirety of the arbitration provision set forth herein shall be null and void.

(g) Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.

(h) Small Claims Procedure Alternative:  Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such a program) as an alternative to proceeding with arbitration.

Opt-Out Provision. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST USE THE SERVICE (OR, FOR CURRENT USERS AND THERAPISTS, THIRTY (30) DAYS FROM THE DATE WHEN THIS PROVISION WAS FIRST POSTED ON THE SITES) BY WRITING TO [email protected]. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE OPTING OUT AND CONTAINING ENOUGH DETAILS ABOUT YOU FOR US TO BE ABLE TO IDENTIFY YOU WITHIN THIRTY (30) DAYS. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THESE TERMS.

Limitation on Time to File Claims

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Sites and the Services within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

1. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Photo and Video Shoot Terms of Service and the Copyright Infringement Policy constitute the entire and exclusive understanding and agreement between Zencare and you regarding the Sites and the Services, and all together, such policies and agreements supersede and replace any and all prior oral or written understandings or agreements between Zencare and you regarding the Sites and the Services.

1. SEVERABILITY

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect.

1. TERMINATION

Zencare may suspend or terminate your ability to use all or any element of the Services or the Sites or may terminate these Terms effective immediately, without any notice or explanation, in its sole discretion. Without limiting the foregoing, Zencare may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish a Profile or other account. You agree that Zencare shall not be liable to you for the cancellation of your account or Profile, termination of your access to the Sites and the Services, or for any effects of such cancellation or termination. Subject to Section XVI, above, you may cancel your account at any time by providing fifteen (15) days’ written notice of your intention to cancel prior to your next payment date. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any Content you have submitted through the Sites.

1. INDEMNIFICATION

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees and all other costs, damages, liabilities, charges, penalties, interest, and expenses incurred in connection therewith, made by any third party due to or arising out of your use of the Services, your breach of these Terms & Conditions or the documents they incorporate by reference, your Content, your engagement and use of any services provided by a Therapist (or your offering or provision of any services as a Therapist, as applicable), your violation of any law or rights of a third party, or your gross negligence, willful misconduct, or fraud.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defenses.  You shall not settle any actions or claims on our behalf without our prior written consent.

1. RELEASE

By using the Sites and the Services you agree to release, discharge and hold harmless Zencare and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Sites, the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any Content posted on the Sites and any services engaged on or through the Sites.

1. WAIVER

The failure by Zencare to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed by a duly authorized representative of Zencare. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

1. NO THIRD-PARTY BENEFICIARIES

There are no third-party beneficiaries to the Terms & Conditions.  We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets related to the Services.

1. CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings.  If we modify our Terms & Conditions, such changes will be effective upon posting.  It is your obligation to check our current Terms & Conditions for any changes.   These Terms & Conditions may only be modified in writing.  Any ambiguities in the interpretation will not be construed against the drafter.

1. ELECTRONIC COMMUNICATIONS

All information communicated as part of the Service is considered an electronic communication. When you communicate with us through the Sites or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “CONTINUE”, “REGISTER”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

1. HOW TO CONTACT US

If you have any questions about these Terms & Conditions, please contact us through our Contact form or at the following:

Write us: 7000 Central Parkway, Suite 1575, Atlanta, GA 30328