zHealth Robotics Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE. BY USING THE SERVICE OR CLICKING AGREE CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF THEIR EMPLOYER, THEN CUSTOMER REPRESENTS AND WARRANTS THAT THEY HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR EMPLOYER’S BEHALF. PLEASE REVIEW SECTION 10 CLOSELY, AS IT CONTAINS A BINDING ARBITRATION PROCESS FOR RESOLVING DISPUTES INSTEAD OF USING THE COURT PROCESS.
This agreement is between zHealth Robotics, a Delaware corporation (zHealth Robotics), and the customer agreeing to these terms (Customer), and covers all services provided by zHealth Robotics to Customer.
- ZHEALTH ROBOTICS. This agreement provides Customer access and use of zHealth Robotics’s web-based subscription services, as specified on the applicable electronic or written order or subscription agreement between the parties (Customer Agreement). Customer may purchase zHealth Robotics Basic, Advanced, and Standard plan related services under this agreement (e.g., zHealth Robotics Managed Billing) (Service). Policies. Customer understands that use of the Service is also governed by zHealth Robotics’s Privacy Policy, Business Associate Agreement, and Security Notice, as they may be modified over time.
- USE OF SERVICES a. zHealth Robotics Responsibilities Support. zHealth Robotics shall use commercially reasonable efforts to provide customer support for the Service as further detailed at: Support Policy.
b. Customer Responsibilities Access by Employees and Contractors. Customer will not make the Service available to anyone other than its employees and contractors solely to access the Service for the benefit of Customer in compliance with the terms of this agreement and the Customer Agreement. Customer is responsible for the compliance with this agreement by its employees and contractors.
Restrictions and Responsibilities. Customer may not (i) sell, resell, rent or lease the Service, use the Service beyond its internal operations or reverse engineer the Service; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights (including without limitation any privacy rights); (iii) interfere with or disrupt the integrity or performance of the Service; attempt to gain unauthorized access to the Service or its related systems or networks; (v) modify, copy the Service, or create derivative works based on the Service or any part, feature, function or user interface thereof; (vi) except to the extent permitted by applicable law, disassemble, reverse engineer, or decompile the Service or remove or modify any proprietary marking or restrictive legends in the Service; (vii) use the Service in violation of any law, including without limitation, HIPAA, Telephone Consumer Protection Act and any spam laws (for example, CAN SPAM); or (vii) access the Service to build a competitive product or service. Customer is solely responsible for Customer Information (defined below), must use commercially reasonable efforts to prevent unauthorized access to the Service, must notify zHealth Robotics promptly of any such unauthorized access, and may use the Service only in accordance with its user guide and applicable law.
Customer Information. All data, information, images, documentation, and files entered or uploaded by Customer to the Service remains the sole property of Customer, as between zHealth Robotics and Customer (Customer Information), subject to the other terms of this agreement. Customer grants zHealth Robotics a non-exclusive, royalty-free license to modify, store, transmit, and otherwise use the Customer Information for purposes of zHealth Robotics performing under this agreement. Notwithstanding the foregoing, if Customer’s access to the Services is suspended for non-payment of fees in accordance with Section 3(d), zHealth Robotics will have no obligation to provide access to Customer Information to Customer via the Service until Customer remedies such non-payment as provided in this agreement.
Accuracy of Information Provided by Customer. Customer represents and warrants to zHealth Robotics that all Customer Information, Content (each as defined below) and other material provided under Customer’s account, by Customer or on its behalf, is true, correct and accurate. If Customer learns that any Customer Information or Content provided to zHealth Robotics as part of the Service is not true, correct or accurate, Customer must immediately notify zHealth Robotics by phone and in writing of this fact, and provide the true, correct and accurate information to zHealth Robotics. zHealth Robotics relies on Customer representations regarding the truth, accuracy and compliance with laws of Customer Information and Content. ZHEALTH ROBOTICS IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CUSTOMER’S FAILURE TO COMPLY WITH THIS PARAGRAPH, IRRESPECTIVE OF ANY ACT OR OMISSION ON THE PART OF ZHEALTH ROBOTICS.
Aggregation Services and De-identified Data. zHealth Robotics may use protected health information to provide you with data aggregation services (as that term is defined by HIPAA) and to create de-identified data in accordance with 45 CFR 164.514(a)-(c). zHealth Robotics shall solely own all right, title and interest, in any de-identified data it creates from protected health information. zHealth Robotics and its affiliates may use and disclose, during and after this agreement, all aggregate, anonymized information and de-identified data for purposes of enhancing the Service, technical support and other business purposes, all in compliance with the HIPAA Privacy Standards, including without limitation the limited data set and de-identification of information regulations.
Last Updated: January 20, 2025 For previous versions, click here.