Terms of Service
Last Updated: February 20, 2023
Welcome to zant. (the “Mobile App”), which is owned and operated by zant. Inc. (the “Company”), a Delaware corporation (the “Company”, “we”, “us”, “our” interchangeably).
This User Agreement applies to the following individuals:
- All visitors to the Mobile App, zant. (“Mobile App Visitors”) and to the Company’s website located at http://www.zant.app (the “website visitors”);
- Anyone who downloads or uses (“Application Users”) the Company’s web or app-based software Application (the “Application”, and together with the “Mobile App”, the “Platform”);
- Anyone who enrolls for the Services of the Company as a patient (“Client Users”) or a service provider (“Providing Users”, and together with Client Users, “Subscribers”).
The Company provides the Platform to connect Client Users with Providing Users for the exchange of products and services offered through the Platform (the “Services”). Mobile App Visitors, Application Users, and Subscribers are referred to collectively as “Users” or “you”, interchangeably.
We reserve the right to change this User Agreement from time to time without notice by posting an updated copy of this User Agreement to the Mobile App. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this Mobile App after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
- General Information About the Mobile App for Users.
- If you experience a medical emergency, then you should not rely on any information on this Mobile App and should seek appropriate emergency medical assistance, such as calling “911”. You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you.
- The Company does not provide any healthcare services. All the Providing Users are independent of the Company and are merely using the information, resources, Services (as defined below), Platform, products, and tools we provide to Users (hereafter referred to as “Resources”), either directly or indirectly to communicate with you. Any information or advice received from a Providing User originates from that Providing User, and not from the Company. Your interactions with the Providing Users via the Services are not intended to take the place of your relationship(s) with your regular health care practitioner(s).
- The Company and any third parties who promote the Services or provide you with a link to the Services shall neither be liable for any professional advice you obtain from a Providing User via the Resources nor for any information obtained from the Services. You acknowledge your reliance on any Providing Users or information provided by the Resources is solely at your own risk and you assume full responsibility for all risk associated therewith.
- The Company does not make any representations or warranties about the training or skill of any Providing Users using the Resources. You are ultimately responsible for choosing your Provider on the Resources.
- The Resources are only for persons in those states and jurisdictions where such services may legally be provided or received. Those who choose to access the Resources do so at their own initiative and are responsible for compliance with all local laws. Some Resources may not be available in all jurisdictions and nothing on the Resources shall be considered a solicitation to buy or an offer to sell any Services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.
- The Company is not a party to any relationship between Users. The Company selects qualified Providing Users, introduces Client Users to Providing Users and makes the Resources available to enable online payment and delivery of the Resources. The Company does not direct, has no control over, makes no representations, and does not guarantee the quality of the Resources or the ability of Providing Users to deliver Resources satisfactory to Client Users. The relationship exists exclusively between Providing Users and Client Users and the Client Users pays her Providing User for the Resources. If you have questions or concerns about the relationship, please raise these directly with the Providing User.
- Responsible Use and Conduct.
- Resources*.* By visiting our Website or Mobile App and accessing the information, resources, Services (as defined below), Application, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
- Prohibited Usage*.* Wherein, you understand that:
- In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process (the “Registration Information”), or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date, including your location information.
- You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account/s.
- Meetings and correspondence between Providing Users and Client Users shall be held strictly through the Resources via telephone call or a video call or messaging within the Application. Accessing (or attempting to access) any of the Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources through any automated, unethical or unconventional means.
- Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources is strictly prohibited.
- You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
- We may provide various open communication tools on Mobile App, the Platform, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to Mobile App or website, the Platform, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that (A) is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; (B) infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party; (C) contains any type of unauthorized or unsolicited advertising; and (D) impersonates any person or entity, including any Company employees or representatives.
- We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
- Eligibility. You must read and agree to the terms of this User Agreement before using the Resources. If you do not agree, you may not use the Resources or engage in the Services. You may use the Services only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are responsible for the acts of others utilizing your access to the Resources and will be held responsible for violations of the Resources by persons who gain access to the Resources using your account or shared access. Services will not be provided by a Providing User to any Mobile App Visitor or Application User under 18 years old without parental consent. Any use or access to the Resources by anyone under the Minimum Age is strictly prohibited and in violation of this Agreement. The Resources are not available to any Users previously removed from the Platform by the Company. “Minimum Age” means the greater of (i) 13 years old or (ii) the age required by applicable law, if such law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data).
- Accountholder Responsibilities*.* You agree to: (i) use a strong password and keep it confidential and (ii) not transfer any part of your access to the Platform (your “Account”). You are responsible for anything that happens through your Account unless you close it or report misuse. As between you and others (including your employer), your Account belongs to you.
- Reverse Engineering. You will not use the Resources to create a product or service with features that are substantially similar to or that re-create the features of any products owned or services sold by the Company.
- Services and Payments.
- Limited License. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Resources for your personal, noncommercial use only and as permitted by the features of the Service. The Company reserves all rights not expressly granted herein in the Resources and the Company Content (as defined below). The Company may terminate this license at any time for any reason or no reason.
- Services and Providing User Fees.
- Providing Users, or providers, must enroll in memberships for an additional cost to officially join the network which include coverage of the screening and background check process, advertisement and sales services and all features to help the provider manage their practice. The cost of a Providing User membership is a non-refundable charge and covers a consecutive twelve-month period of time on the Platform. If you cancel at any time, there will be no issue of refund offered. By paying a membership fee and becoming a provider, you waive the rights to marketing material that is created to support you as a member of the zant network and mobile app. Upon leaving, the company may offer any marketing material that has been created for you and your practice, however the company keeps the rights to all images, and provider likeness for future advertising and marketing. Subject to Section 4(e), an exception may apply if the Company has not, at the time of a Providing User’s refund request, (1) given a Providing User access to the provider portal, (2) made marketing efforts on Providing User’s behalf, or (3) covered the costs associated with a Providing User’s background check and certificate (as required, pursuant to Section 3(c)(ii)). Other exceptions may apply on a case-by-case basis.
The Fee entitles the provider user access to the Services. The Services do not include products or services offered by Providing Users to the Client Users. Amounts and payment terms in respect thereof are agreed to and paid by and between a Client User and such Providing User.
- Payment shall be made through the Company’s payment processing provider, Stripe. The Fee will be automatically charged to the payment method provided by a Client User and on file with the Company’s payment processing provider. The User is responsible for maintain a current, valid payment method on file with the Company’s payment processing provider.
- Upon the expiration of a Term, such Term shall automatically renew for a Term of equal length. A User may cancel the Services at any time by giving notice to the Company of its intent not to renew the Services. Upon such notice, the User will continue to have access to the Platform for the duration of the then-current Term. In no event will any portion of the Fee in respect of such Term be prorated, discounted, or refunded. Thereafter, the Term will not renew and the User will not be charged for an additional Term.
- The Application permits Client Users to pay Providing Users through the Application, whereby a Client User deposits the appropriate amount of funds when a session is booked on the Providing User’s calendar at that Providing User session rate (a “Session”). The funds are held by Stripe until the Session is completed, at which time, payment for a Session is released to the Providing User.
- Accounts and Enrollment.
- Client Users may enroll in the Services via the Application.
- In order to enroll in the Services:
- Providing Users shall make application to the Company and provide such information as requested by the Company in order to confirm such Providing User’s qualifications and experience and to ensure such Providing User has the relevant skills and experience to provide the products and services offered by such Providing User to Client User.
- Providing Users agree to authorize the Company to conduct background checks on such Providing Users to confirm such Providing Users’ professional, criminal, legal, and education history and expressly authorize the Company to share such information as may be necessary to any third party as necessary to fully and completely confirm the information provided to the Company in connection with a Providing Users’ application.