This provision does not limit rights that cannot lawfully be limited under applicable consumer-protection law.
17. Termination
You may stop using ZYVO at any time. If you have an account, you may request deletion through the account-deletion functionality made available in the App or by contacting
support@zyvohealth.com.
Account and personal-information deletion is handled in accordance with the Privacy Policy and applicable law. Certain information may be retained where required or permitted by law, including for security, fraud prevention, dispute resolution, or legal compliance.
We may suspend or terminate access where reasonably necessary because of a material violation of these Terms, security concerns, unlawful activity, misuse of the Service, legal or regulatory requirements, or applicable app-store requirements.
Termination does not affect rights or obligations that accrued before termination or provisions that by their nature should continue afterward.
18. Accessibility
We seek to make ZYVO accessible and usable by people with disabilities and to improve accessibility over time.
If you experience an accessibility issue or require assistance using the Service, contact
support@zyvohealth.com.
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except that this choice of law does not limit mandatory consumer-protection rights that apply in your jurisdiction.
United States Users
If you reside in the United States, any dispute, claim, or controversy arising out of or relating to these Terms or ZYVO will 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 will be conducted on an individual basis. To the fullest extent permitted by applicable law, you and the Company waive participation in class, collective, or representative proceedings concerning disputes subject to arbitration.
You may opt out of arbitration by emailing
support@zyvohealth.com within thirty (30) days after first accepting these Terms 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.
Arbitration fees and procedures will be governed by the AAA Consumer Arbitration Rules and applicable law. 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 portion of this arbitration provision is found unenforceable, it will be severed to the extent necessary and the remaining provisions will remain effective to the fullest extent permitted by law.
Users Outside the United States
If you reside outside the United States, this dispute-resolution provision applies only to the extent permitted by the laws of your jurisdiction.
Nothing in these Terms prevents you from exercising mandatory rights or bringing a claim before a court, regulator, consumer-protection authority, or other body where applicable law gives you that right.
For consumers in the European Economic Area (“EEA”), the United Kingdom (“UK”), Switzerland, or other jurisdictions with mandatory consumer-protection laws, applicable local law may provide additional rights concerning jurisdiction, dispute resolution, and consumer protections. 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.
20. Apple App Store and Google Play Terms
If you obtain ZYVO through the Apple App Store or Google Play (each, an “App Store”), the following additional terms apply.
These Terms are between you and WowSuite Software Ltd. (the “Company”), and not with Apple Inc. (“Apple”) or Google LLC (“Google”), as applicable. The Company is responsible for ZYVO, including its operation, content, maintenance, and support, except as otherwise required by applicable law. Your use of ZYVO must comply with the applicable App Store’s terms, policies, usage rules, and other applicable requirements.
Neither Apple nor Google has any obligation to provide maintenance or support for ZYVO. Apple and Google are not responsible for addressing claims relating to ZYVO, including claims concerning product liability, consumer protection, regulatory compliance, or intellectual-property infringement, except as required by applicable law.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to ZYVO made available through the Apple App Store and may enforce these Terms against you as third-party beneficiaries. Google is not a party to these Terms, except to the extent required by applicable Google Play terms or applicable law.
21. Subscriptions and Payments
Certain ZYVO features may be offered through paid subscriptions or other in-app purchases.
Before completing a purchase, you will be shown the applicable price, billing period, renewal terms, and any introductory or trial terms applicable to the offer.
Where a subscription is purchased through the Apple App Store, Google Play, or another authorized platform, the applicable platform's payment, billing, renewal, cancellation, and refund procedures apply. Subscriptions that automatically renew will renew according to the terms presented at purchase unless cancelled before the applicable renewal date.
You may manage or cancel subscriptions through the applicable platform or account settings. Deleting the App does not necessarily cancel a subscription. Refunds are handled according to the applicable platform's policies and applicable law.
22. Changes to These Terms
We may update these Terms from time to time to reflect changes to ZYVO, our business, legal requirements, or other circumstances.
The updated Terms will include a revised “Last Updated” date.
For material changes that materially affect your rights or obligations, we will provide reasonable notice where required by applicable law.
Where applicable law requires affirmative consent to a material change, we will obtain that consent.
Continued use of ZYVO after an updated version becomes effective constitutes acceptance of the updated Terms only to the extent permitted by applicable law.
23. General Provisions
These Terms, together with the Privacy Policy and any other terms expressly incorporated by reference, constitute the agreement between you and the Company concerning your use of ZYVO.
If any provision is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.
The failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
These Terms do not create a partnership, joint venture, employment, agency, or fiduciary relationship between you and the Company.
Provisions concerning intellectual property, user obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive termination will survive termination.
24. Contact
If you have questions regarding ZYVO or these Terms, contact:
WowSuite Software Ltd.