ZYVO is a mobile application (“ZYVO” or “App”) owned, operated and maintained by WowSuite Software Ltd., a Delaware corporation (“Company”, “we”, “our”). By accessing or using the App, you (“you,” or “your”) affirm that you have read, understood, and agree to be legally bound by these Terms of Use (“Terms”). If you do not agree, you must not use the App. You further represent that you are at least the age of majority in your state or country of residence and have the legal capacity to enter into these Terms.

ZYVO is a mobile application designed to support daily health and wellbeing check-ins, personal wellness tracking, AI-powered health guidance, and trusted-contact notifications.

The App allows users to complete daily health and wellbeing check-ins, record symptoms, notes, journal entries, vital measurements, and other wellness information, review their health tracking history, and interact with an AI-powered health guide that provides general health and wellness information, educational content, and supportive guidance.

The App is intended for general wellness, informational, educational, and supportive purposes only. ZYVO is not a medical device and does not provide medical advice, diagnosis, treatment, prescriptions, emergency care, or professional healthcare services. It is not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease. Users must not rely on any content from the App, including AI-generated outputs, for medical diagnosis, treatment decisions, or emergency health decisions.

ZYVO does not provide emergency or urgent care and is not a substitute for professional or telehealth services. If you believe you are experiencing an emergency (e.g., chest pain, difficulty breathing, uncontrolled bleeding, or another urgent medical or safety concern), call your local emergency number or seek immediate care at the nearest emergency facility. Trusted-contact notifications are not emergency alerts and should not be relied upon for urgent, medical, safety, or crisis situations.

The App is designed for adults only. You may create an account or use the App only if you are at least the age of majority in your jurisdiction and have legal capacity to agree to these Terms. The App is not directed to, intended for, or permitted for use by minors. We do not knowingly permit minors to create accounts or use the App. If we learn that a minor has created an account or submitted personal information through the App, we may suspend or delete the account and associated personal information, subject to applicable law.

We do not knowingly permit users under applicable minimum age requirements to create accounts.

By using the App, you represent and warrant that you are at least the age of majority in your state or country. You are responsible for providing accurate registration information, safeguarding your account credentials, and ensuring that no unauthorized or ineligible person uses your account. You must notify the Company immediately if you suspect unauthorized activity. The Company may suspend or terminate accounts to protect security, comply with law, or enforce these Terms.

We reserve the right to refuse access to the App to anyone for any reason at any time.

You understand that access to the App may be interrupted, suspended, or modified for maintenance or updates.

You understand that your content may be transmitted over networks and adapted to technical requirements.

You agree not to reproduce, copy, sell, resell, or exploit any portion of the App or its content without our prior written permission. We implement commercially reasonable security measures to protect data transmitted through the App.

The headings in these Terms are for convenience only and do not affect interpretation.

The Company operates the App in accordance with laws that apply to the Company and the App’s intended consumer wellness use. The App is not intended to be used as a regulated medical device, clinical decision-support tool, emergency-response service, telehealth service, or provider of medical diagnosis or treatment. Nothing in this section shall be construed as a guarantee or representation of regulatory compliance for any third-party provider.

You are responsible for using the App only for lawful, personal, non-emergency, and non-clinical wellness purposes.

Your personal information, health-related information, AI health-guide interactions, trusted-contact information, notification data, and other information submitted through the App are collected, used, disclosed, retained, and protected as described in the Company’s Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that information you enter into the App may include sensitive personal information, consumer health data, or similar protected information under applicable privacy laws. All personal information is handled in accordance with the Privacy Policy.

If there is a conflict between these Terms and the Privacy Policy regarding collection, use, disclosure, retention, deletion, security, or protection of personal information, the Privacy Policy controls for privacy and data-protection matters.

All content within ZYVO, including its software, design, text, images, videos, and other materials, is the exclusive property of the Company or its licensors.

You are granted a limited, non-exclusive, non-transferable right to use the App for personal and lawful purposes only.

You are strictly prohibited from copying, modifying, distributing, displaying, reverse engineering, adapting, translating, decompiling, sublicensing, reselling, or otherwise exploiting any part of the App, except where expressly authorized in writing by the Company.

All Company branding, trademarks, and App materials are protected intellectual property and may not be used without permission. In addition, all page headers, custom graphics, and scripts are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission from Company.

If you believe content on the App infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to:

Legal Department

WowSuite Software Ltd.

291 Franklin Avenue, Ste 7, Wyckoff, NJ 07481

Your notice must include the information required under 17 U.S.C. § 512(c)(3).

When you send us ideas, feedback, or materials (the “Submissions”), you agree that we may use, adapt, publish, translate, and display them in any medium, without restriction and without obligation to compensate you. This license does not apply to personal or health-related information submitted through the App, which remains governed by our Privacy Policy.

You acknowledge that:

(i) We have no duty of confidentiality regarding Submissions.

(ii) We have no obligation of payment, credit, or notice.

(iii) We may use or discard Submissions at our discretion, for improvement, development, or other lawful purposes.

We may, but are not required to, review or remove content that we find unlawful, infringing, or otherwise inappropriate.

You agree that your Submissions will not violate any rights of others, including copyright, trademark, privacy, or publicity. They must not contain malware, unlawful material, or deceptive information. You are responsible for your Submissions and agree to indemnify and hold Company harmless from any claim arising out of them.

The Company assumes no responsibility or liability for user content.

By using the App, you consent to receive electronic notices and updates (such as email or in-app messages).

These satisfy any legal requirement for written communication. We do not send promotional text messages through the App. Push notifications can be managed in your device settings.

If you enable missed check-in reminders or trusted-contact notifications, you authorize us and our service providers to send those operational notifications according to your App settings.

You must not misuse the App or services provided via the App:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful 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;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the App or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

(k) to interfere with or circumvent the security features of the App or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses;

(l) to use automated bots or scripts to access or collect data from the App.

(m) to enter, upload, transmit, or submit information that you do not have the right or authority to provide, including another person’s personal, health, or contact information;

(n) You must only add trusted contacts where you have lawful authority and consent to share their personal information;

(o) to use the App or trusted-contact features as a substitute for emergency services or urgent medical care.

Violation of this section may result in immediate account suspension, termination, reporting to appropriate authorities, and civil or criminal liability.

You represent and warrant that you have all permissions and legal authority necessary to provide trusted-contact information and authorize the sending of notifications. You agree to indemnify the Company only to the extent permitted by applicable law for claims arising from your unlawful provision of trusted-contact information without required consent or authority.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our App.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our App (or any part thereof).

We may also suspend or terminate access if required by law, by Apple or Google, or to comply with governmental or regulatory requests. Users may request account deletion within the App or by emailing support@zyvohealth.com. The Company will delete personal data as required by law and our Privacy Policy.

Except where prohibited by law, the App and all content delivered or made available to you through the App are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Nothing in this section limits the Company's liability for fraud, intentional misconduct, gross negligence, or violations of applicable laws or other non-waivable statutory rights.

Although we do our best to keep the App and its content accurate and up to date, AI-generated outputs may contain errors, biases, or limitations and should not be relied upon for medical diagnosis or treatment. The Company does not guarantee, and expressly disclaims any warranty, that your use of the App or any content delivered to you will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant that the results that may be obtained from the use of the App or any content delivered to you will be accurate, complete, reliable, or meet your expectations.

Your use of the App and any content delivered to you is at your sole risk. To the fullest extent permitted by law, you assume responsibility for your use of the App and agree that the Company is not liable for claims arising from your misuse of the App.

Your use of the App does not create, and is not intended to create, a doctor–patient, therapist–patient, or other healthcare provider relationship.

AI-generated outputs may be inaccurate, incomplete, or misleading and are provided for informational purposes only.

Medical Disclaimer. Company is not a medical group and does not provide medical advice, diagnosis, prescriptions, or care through the App. Some jurisdictions do not allow exclusion of implied warranties; this disclaimer applies only to the extent permitted by law.

To the fullest extent permitted by law, Company will not be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar losses, whether based in contract, tort (including negligence), strict liability, or otherwise, even if Company has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, our total cumulative liability to you for all claims arising out of these Terms shall not exceed the greater of USD $500 or the aggregate amount paid by you to the Company for App subscription fees in the twelve (12) months preceding the claim, except where prohibited by law. Nothing in this section limits liability to the extent such limitation is prohibited by applicable law.

The Company is not liable for any delay, interruption, or failure to perform resulting from causes beyond its reasonable control, including internet outages, telecommunications failures, cloud-service interruptions, labor disputes, governmental actions, natural disasters, public-health emergencies, cyberattacks, or other force majeure events.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. Accordingly, the limitations in this section apply only to the extent permitted by law.

Nothing in these Terms excludes or limits any consumer rights under applicable US, UK, or EU law.

Except to the extent prohibited by law, you agree to indemnify, defend, and hold harmless Company, its parent company, subsidiaries, affiliates, licensors, and each of their respective directors, officers, employees, owners, and agents from and against any and all third-party claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses—including reasonable attorneys’ fees and court costs—arising out of or related to (a) your use of the App, (b) your breach of these Terms, and/or (c) your violation of any law or the rights of a third party. This indemnity does not limit any of your rights under consumer-protection laws.

Company is committed to providing an App that is accessible to all users, including individuals with disabilities. We strive to follow the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA standards and regularly review our Apps to improve usability and accessibility.

If you need assistance or reasonable accommodation to access any part of the App, please contact us at support@zyvohealth.com.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles, except that this choice of law does not limit or exclude any mandatory consumer protection rights that apply in your country, state, province, or place of residence.

If you reside in the United States, any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by applicable law.

Arbitration shall be conducted only on an individual basis. You and the Company waive the right to bring, participate in, or recover through any class action, collective action, private attorney general action, or other representative proceeding, to the fullest extent permitted by law.

You may opt out of arbitration within thirty (30) days after first accepting these Terms by emailing support@zyvohealth.com with the subject line “Arbitration Opt-Out” and including the email address associated with your account.

Either party may bring an individual claim in small claims court where permitted by applicable law and the AAA Consumer Arbitration Rules.

Unless applicable law requires otherwise, arbitration may be conducted remotely by video, telephone, or written submissions, or in the county where you reside. Arbitration fees and costs shall be allocated in accordance with the AAA Consumer Arbitration Rules and applicable law.

If any part of this arbitration agreement or class-action waiver is found unenforceable, that part shall be severed to the extent necessary, and the remaining provisions shall continue to apply to the fullest extent permitted by law.

If you reside outside the United States, the dispute-resolution provisions in these Terms apply only to the extent permitted by the laws of your country of residence. Nothing in these Terms limits your right to bring claims before courts, regulators, consumer-protection authorities, or other dispute-resolution bodies where such rights cannot be waived under applicable law.

For consumers in the European Economic Area, United Kingdom, Switzerland, or any other jurisdiction with mandatory consumer protection laws, you may have the right to bring legal proceedings in the courts of your country of residence and to rely on mandatory consumer protections under local law.

Either party may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect intellectual property, confidential information, security, or unauthorized use of the App.

These Terms constitute the entire agreement and understanding between you and Company, and supersede and replace all prior or contemporaneous agreements, understandings, and representations, whether written or oral, relating to their subject matter.

Company may update or modify these Terms at any time. Any non-material changes will be effective upon posting. For material changes that affect your rights or obligations, we will provide reasonable advance notice and, where required by applicable law, obtain your consent. Continued use of the App after changes take effect constitutes acceptance only to the extent permitted by applicable law.These Terms include a revision date at the top, and the most recent version supersedes all prior versions. For transparency, we will maintain a short change log of material updates to these Terms. For material changes, Company will provide a notice banner on the App. Continued use of the App after the effective date of the updated Terms constitutes acceptance of the changes.

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible under law, and the unenforceable portion will be deemed severed without affecting the validity or enforceability of the remaining provisions. The following sections survive termination: Sections 6, 7, 8, 11, 12, 13, 14, 16, 18, and 19, and any other provisions that by their nature should survive.

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, franchise, employment, or any other relationship between you and Company. The failure of either party to enforce any right or provision under these Terms will not be deemed a waiver of such right or provision.

The Company offers Software applications that are intended to be operated in connection with products made commercially available by Apple, Inc. (“Apple”) and Google, Inc. (“Google”) among other platforms. With respect to Software that is made available for your use in connection with an Apple or Google-branded product (such Software, “Apple-Enabled Software” and “Google-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:

These Terms & Conditions are concluded between the Company and you only, and not with Apple, Google, and the Company is solely responsible for the Apple-Enabled or Google-Enabled Software and the content thereof. You acknowledge that Apple and Google are not responsible for the app’s functionality, support, or regulatory compliance, and that all claims, including IP infringement, are handled by the Company.

You must use the Apple-Enabled or Google-Enabled Software only as permitted by the relevant App Store or Play Store Terms of Service and Usage Rules.

Your license to use the Apple-Enabled or Google-Enabled Software is limited to a non-transferable license to use the Apple-Enabled or Google-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

Apple and Google have no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled and Google-Enabled Software.

Apple and Google are not responsible for any product warranties, whether express or implied by law; all such responsibility rests with the Company to the extent required by applicable law.

The Company is responsible for addressing any claims of you or any third party relating to the Apple-Enabled or Google-Enabled Software or your possession and/or use of that Apple-Enabled or Google-Enabled Software.

In the event of any third party claim that the Apple-Enabled and Google-Enabled Software infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

If you have any questions, complaints or claims with respect to the Apple-Enabled and Google-Enabled Software, they should be directed to the Company as follows:

Email: support@zyvohealth.com

Apple, Google and their respective subsidiaries, are third-party beneficiaries of these Terms & Conditions with respect to the Apple-Enabled or Google-Enabled Software, and that, upon your acceptance of these Terms, Apple or Google will have the right to enforce these Terms against you with respect to the Apple-Enabled or Google-Enabled Software as a third-party beneficiary thereof.

Certain App features may be available through paid subscriptions purchased through the Apple App Store, Google Play Store, or another authorized payment provider. Subscription pricing, billing periods, renewal terms, cancellation methods, and refund eligibility are disclosed at the point of purchase and are governed by the applicable app store or payment provider terms.

Unless cancelled before the end of the applicable billing period, subscriptions may automatically renew and the applicable app store or payment provider may charge your selected payment method. You are responsible for cancelling your subscription through your Apple App Store, Google Play Store, or applicable account settings. Deleting the App does not necessarily cancel your subscription.

If you cancel, you may continue to access paid features until the end of the then-current billing period, unless otherwise stated by the applicable app store or payment provider. Refunds are handled according to the applicable app store, payment provider, and legally required refund rules.