This page sets out the terms of use of Zavy 360's website ("Terms of Service") and these terms apply to and govern your participation in your use of Zavy 360's services ("Services") regardless of whether you are a freemium account user or a paid premium account user. For all intents and purposes, Zavy 360's Services refer to the various features offered by the practice management software designed to assist doctors in their telehealth practice, including but not limited to appointment management, automated patient sms reminders, telehealth and clinical notes and patient communication platform. In order to participate in our Services, you must agree to be bound by these terms. We have provided abbreviated language to help you navigate some of the legalese below.
Your participation in Zavy 360 Services will be subject to the Terms of Service set out in this page.
The Zavy 360 Terms of Service (including the Zavy 360 Privacy Policy) are incorporated by reference and will control any provisions not addressed in these terms. The Terms of Service continue to apply with regard to your use of the Zavy 360 Services. In the event that you are no longer a customer of Zavy 360, your use and participation in the Services will be terminated.
Zavy 360's Privacy Policy explains how we collect and use information that is submitted to the Services. By using the Services, you are indicating that you have read the Privacy Policy and agree to its terms.
You are solely responsible for your conduct and your data related to the Services. You warrant that you have all rights, licenses, authorisations, and consents required to use the Services, including without limitation in respect of your data.
You agree to only use Zavy 360's website in accordance with its terms and applicable laws. You may be held personally liable for any unlawful use of this website. Such violations may subject you or your staff to civil and criminal penalties. You must not (and must ensure that any of your Authorised Users do not):
You acknowledge and agree that the above conditions apply to all Authorised Users of the Services, including those who are currently using a Freemium account. Further, Freemium Account users also agree not to create multiple accounts with the intention of abusing the Services and circumventing the system.
Zavy 360 Services may range from wholly new product lines to changes to existing product features. We are giving you a license to use the Services.
By agreeing to and complying with these Terms of Service we grant you a non-exclusive, revocable, non-transferable, limited license to use the Services. The Services, including any software that forms part of the Services, are made available to you, your company and/or staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.
By accepting these terms or using the Services, you understand and acknowledge that the Services are made available on an "As Is" or "As Available" basis.
Zavy 360 will endeavour to make the Services available 24 hours a day, seven days a week. However, you acknowledge and agree that the Services may occasionally be unavailable during periods of planned or unscheduled maintenance and at times, unexpected outages. Zavy 360 may perform unscheduled maintenance at any time, but will only do so if deemed necessary.
The Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
We will provide assistance during Business Hours through the Zavy 360 support staff.
Our support staff only operates during Business Hours (Monday to Friday AEST 6am to 6pm). We will respond to any communication received outside Business Hours at the commencement of the next Business Day.
We will use reasonable endeavours to provide support services in a timely manner, taking into account any impact and urgency expressed by You. You must cooperate with Zavy 360 in relation to the provision of support services and must provide any related information reasonably requested by us.
To use the Services, you must be a registered user and have internet access.
You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password and account details secure. You will be solely responsible for all activities that are conducted through your account whether you have authorised such use. Your account and your right to use the Services are personal to you and you must not authorise others to use your account.
It is a condition of use of the Services that you ensure that your contact details are kept up-to-date and accurate. You can change or correct your information by logging in to your profile. You must contact us immediately if you believe someone has gained unauthorised access to your account. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. In doing so, you also acknowledge and agree that you are required to ensure that you have up-to-date and working anti-virus software on your computer which provides adequate protection against viruses, spyware, malware, phishing attacks, spam attacks, and all other forms of cyber threats.
You must be an Authorised User to participate in or to use the Services.
Authorised Users means you (if you are an individual), your officers, employees or contractors who have been expressly invited by you to participate as authorised users of our service. You must ensure that when accessing the Services, any Authorised User observes all of our security, administrative and other reasonable requirements and directions, and complies with these terms as if it were a party to it.
Freemium Accounts refer to the free accounts under the Services that allow for up to 1000 patients, 500 MB storage and is limited to one practice location only. Freemium account users will be notified once they are nearing their respective limits. Please note that once you upgrade from a Freemium Account to a paid Premium Account on a subscription fee basis, you acknowledge and agree that you are not permitted to change that account back to a Freemium Account.
Subject to the following terms in this clause, you must pay the fees in order to participate in or use the Services.
The Fees that apply to the services are set out on the Zavy 360 website at www.zavy360.com on a subscription basis.
The fee for the Services and any other charges you may incur in connection with your use of the Services including taxes and any transaction fees, will be charged to your payment method on a monthly basis on the calendar day corresponding to the date you registered to use the Services. Your payment date may change in certain circumstances, for example if your payment was unsuccessful or delayed for any reason. Please note that Zavy 360 also offers an annual plan where an annual fee payment is made for the Services.
All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. Please note that downgrading or cancelling your account may cause the loss of access, content or features of the Services. Zavy 360 does not accept any liability for such loss.
Zavy360 uses a third party payment service provider to process payments due to Zavy360 and any procurement by you or your authorised users will be subject to a separate merchant agreement with the third party payment service provider in order to pay for and use the Services. You agree that you and any of your Authorised Users will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations.
If payment is not successful including due to issues with your payment method (for example, insufficient funds) and you do not update your payment method or cancel your account, Zavy 360 may cancel your account or suspend access to the Services until payment has been received. You remain responsible for any outstanding payments owing to Zavy 360 and authorise Zavy 360 to charge any outstanding payments to your updated payment method.
In the event that payment has not been received by Zavy 360 within 7 days from when such payment falls due, we reserve the right to send you a notice of payment. This payment must then be made within the next 7 days – failing which, we will either pause or suspend your account until you contact Zavy 360's support team. If you fail to contact us within 60 days from when your payment falls due, you acknowledge and agree that your account will then be deleted permanently.
Zavy 360 may change the subscription plans for the Services from time to time and will provide you with at least 30 days' notice before the change comes into effect. Zavy 360 may decide to apply new subscription plans to new users. Zavy 360 may – acting reasonably – move you to another subscription plan of their choice.
You may cancel your subscription to use the Services at any time – including when you don't agree with a change to a subscription plan – and your service will be terminated immediately. If you cancel your subscription at the end of a billing period, you will no longer have access to the Services and will not be entitled to a refund. If you have any questions about charges made to your account, please contact us immediately. If you are under an annual plan, please note that we will refund the annual fee paid less the months that have been utilised, and the refund will be pro-rated and paid at the discounted rate.
Where your account expires, or is terminated, then we will only keep the data (and patient files) for 6 months and will provide you with the ability to export this data (typically on excel csv file) onto your own systems.
SMS reminders are charged per SMS sent. You are responsible for ensuring you have sufficient credit for SMS Reminders (these are charged separately from the monthly subscription). Refunds will not be issued for unused SMS reminder credits if you cancel your account.
We need your feedback to understand how to improve Zavy 360 Services. By participating in our Services, you agree to provide us feedback, and any feedback you provide belongs to Zavy 360.
You acknowledge and agree that Zavy 360 may at times send you communications regarding your account or the Services via email. If you have requested it, we may also send you communications about upgrades to the Services or other product and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.
As part of using the Services, you may be asked to provide feedback regarding your use of the Services. You acknowledge that Zavy 360 owns any feedback provided, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.
We may also monitor how you use the Services and use that information to improve the Services or our other products and services.
Zavy 360 owns all of the intellectual property involved with the Services.
This Agreement doesn't give you a license to use our trademarks or brand features (you may have another agreement with Zavy 360 that gives you this type of permission).
You are not permitted to reverse engineer or attempt to decipher any code except in situations as permitted by us.
You acknowledge and agree that things that you may see, read, hear, download or access on or via the Zavy 360 website (including but not limited to messages, files, data, software, images, photographs, illustrations, texts and other materials) may be subject to copyright and other intellectual property rights.
You agree that we own all legal rights, title and interest in and to the Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Zavy 360 Services is granted. Nothing you do on or in relation to Zavy 360 website will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights.
Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with the Services and/or any other aspect of Zavy 360 technology, except as permitted by us.
You can end this agreement by simply stopping use of the Services and notifying Zavy 360 of your intention to cancel your subscription.
These terms will remain in effect for as long as you use the Services. Either party may terminate these terms before the end of your subscription for any reason or no reason upon written notice to the other party. Upon termination, you will cease using the Services.
These Terms will automatically terminate upon any breach by you of any of your obligations hereunder including breach of confidentiality obligations. Your breach of any of your obligations under the Agreement may result in your immediate termination from use of or participation in the Services.
If Zavy 360 Services are terminated for any reason, we shall provide you with reasonable assistance and access as required to provide you with a copy of your data as well as pro-rata refund (on the discounted amount if applicable) of monthly subscription fees for any paid but unused subscription time (calculated on a monthly basis).
In the event that you choose to terminate your account, please note that your data will be handled in accordance with the following terms:
During this 6 months, we will provide you with the ability to export your data (typically on excel csv file) onto your own systems.
If you require a data extraction, please note that you must contact Zavy 360's support team within 30 days from the date of termination to request that a data extraction be performed. You acknowledge and agree that an administrative fee applies. Please note that the raw data will be exported to several CSV files and this process may take up to 30 days.
For freemium users, please note that the following terms will apply to you if you become an inactive account user:
We can terminate or disable your use of the Services at any time. Likewise, you can decide to stop using the Services at any time. We may remove your access to features of the Services at any time.
We reserve the right to modify or terminate the Services, or your use of the Services, to limit or deny access to the Services at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Services at any time.
We disclaim all warranties regarding the Services. You acknowledge that using the Services is at your own risk.
IMPORTANT DISCLAIMER:
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED BY ZAVY 360 ON AN "AS IS" BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE ZAVY 360 SERVICES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZAVY 360 EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZAVY 360 MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES ZAVY 360 MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAVY 360 OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Zavy 360 and its affiliates shall not be liable to you for certain types of damages and any damages in excess of $500.
LIABILITY LIMITATION:
IN NO EVENT SHALL ZAVY 360 OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS AND/OR WHETHER DIRECT OR INDIRECT: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT ZAVY 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZAVY 360'S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO AUD $500.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify us for your breach of these Terms of Service, your use of the Services, and your violations of laws.
You agree to hold harmless and indemnify Zavy 360, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Services and/or your participation in any of our products or programs, or (iii) your violation of applicable laws, rules or regulations in connection with the Services.
It's extremely important that you agree to keep confidential all information received from us under or in connection with these Terms of Service and to only use such information for the purposes of performing your obligations under these Terms.
You acknowledge and agree that: (i) the Services constitute information and data that you are required to keep strictly confidential unless such information is in the public domain, required by law or a government agency to disclose the information, or authorised to be disclosed; (ii) the release of confidential Information could damage Zavy 360's competitive and intellectual property interests; and (iii) and information about the Services shall not be shared with anyone other than other Authorized Users of the Services, which may include users in your Zavy 360 Account.
Zavy 360 may rely upon third parties to provide certain communications and technical infrastructure and services to support provision of the Zavy 360 services, and we may subcontract all or part of the Zavy 360 services without your consent.
Zavy 360 website may contain links or references to third party sites. We are not responsible or liable for the content of those site and your access to and use of those sites is at your own risk. Any links are provided for convenience only, and do not indicate any endorsement or recommendation by us.
We may change these Terms of Service from time to time and Zavy 360 may not notify you. If you use any of Zavy 360 Services, we will assume you have agreed to those changes. We reserve the right to make changes to these terms from time to time and may or may not notify you in such an event. You should check this page from time to time to make sure you are aware of any changes. You understand and agree that if you use the Services after the date on which the Terms have changed, we will treat your use as an acceptance of the updated terms.
It is expected that both you and Zavy 360 will comply with laws and regulations that apply to the Services. Both parties agree to comply with all applicable local, state, national ,and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, participation, access and/or use of the Services.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure or error free. We do not warrant and cannot ensure the security of any information that you provide to us (or that we provide to you) through the internet, including through Zavy 360 website. However, once we receive information from you that is of a confidential nature, we will take reasonable steps to preserve the security of such information.
No waiver of any provision of this Terms of Service by Zavy 360 will be effective unless in writing and signed by Zavy 360. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Terms of Service is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, the provision will be modified by the court and interpreted so as best to accomplish the objective of the original provision to the fullest extent permitted by law and the remaining provisions of this Terms of Service will remain in effect.
1. Third-Party Payment Provider
Zavy uses Stripe to facilitate payment processing on behalf of practices. By using Zavy's payment features, you agree to be bound by Stripe's Connected Account Agreement and all applicable Stripe terms and conditions.
2. Responsibility for Transactions
You (the Practice) are solely responsible for all transactions processed through your connected Stripe account, including but not limited to any disputes, chargebacks, refunds, reversals, and associated fees.
3. Dispute Liability
Zavy is a software platform only and does not act as a merchant of record or financial intermediary. Zavy does not accept liability for any payment disputes between you and your patients. All chargebacks, disputes, or contested payments will be the sole responsibility of your connected Stripe account, and any financial losses or fees resulting from such disputes will be borne by you.
4. Fee Recovery and Suspension
If any losses or liabilities arise against Zavy as a result of your payment activities, including but not limited to disputed transactions, Zavy reserves the right to recover such amounts from you and/or suspend your access to the payment functionality until the matter is resolved.
5. Indemnity
You agree to indemnify and hold harmless Zavy, its directors, employees, and agents from any claims, damages, or losses (including legal fees) arising from your use of Stripe services or any disputes related to patient payments.
You must not assign or novate these terms or your rights or obligations under these terms to another party without our prior written consent.
Some of these terms and obligations will remain even if this agreement is terminated or expires. Sections 1,3, 5,6, 7, 8, 9, 10 and 12 will survive the expiration or termination of this Agreement.
For questions about these Terms of Service, please contact Zavy 360 support.
