Zoe by Healthee
Last Revised: August, 2022
1. Using Zoe
We love when people use Zoe but do have some limits on who may register.
b. Registrant requirements – Location. You must be located in the United States to be a Registrant. Although Zoe is accessible worldwide, it is not necessarily appropriate for use outside the United States. Zoe and your registration are void where prohibited. If you choose to access Zoe from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
While Zoe may be accessible via the Internet from Albania to Zambia, it is not designed for use in all countries.
c. Registrant requirements – Age. To request to be a Registrant, you must meet be 18 years of age or older.
Zoe is available for individuals 18 years of age and older.
e. Registrant Obligations. When a Registrant creates an account with us, he or she must provide us with accurate and complete information and agree to not sell, transfer, license or assign the account, user name, or any account rights to any third party.
You must give us correct information during registration.
f. Availability. Zoe may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
We may change, upgrade or end Zoe at any time.
a. Uploading and sharing content. Zoe allows you to provide certain content and information to us, including when you correspond with us or complete forms on Zoe. Anything that you upload or otherwise make available on Zoe is referred to as “Your Content.” You retain all rights in, and are solely responsible for, Your Content. You are solely responsible for obtaining any and all consents or permissions to upload or make available Your Content and have sole responsibility for complying with any and all laws regarding Your Content. Once you elect to share Your Content through Zoe, it cannot always be withdrawn or returned to you.
You are responsible for what you upload and share, and once it’s uploaded and shared, it cannot always be taken back.
You own your content, but you give us permission to use it in order to operate and provide the app.
If you close your account or remove content, we may keep a copy of it for certain business purposes.
d. Feedback you provide. If you choose to submit comments, ideas or feedback to us, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Zoe does not waive any rights to use similar or related feedback previously known to Zoe, or developed by its employees, or obtained from sources other than you.
We love feedback and your ideas, and if you submit a comment to us, we may use it however we want.
e. Zoe Content. As between you and Zoe, we own the “Zoe Content,” which includes but is not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of Your Content and other Zoe Content, computer code, products, software, and all other elements and components of Zoe excluding any third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Zoe Content and Zoe, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Zoe Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Zoe and the Zoe Content are retained by us.
We own what we developed and everything that makes up Zoe.
a. General. Zoe is a platform that permits Registrants to upload and share information. Other than information required to register for Zoe, you are in control of what personal information, if any, is uploaded and shared by you through Zoe.
You are in control of what (if anything) you decide to share on Zoe.
4. Acceptable Use
Zoe has established certain basic requirements for the use of our app and we require you to adhere to them. The purpose of these requirements is to set forth how you may use Zoe and certain behavior and actions that are prohibited. When using Zoe, you are not allowed to upload or share anything that:
- Is sexually explicit or pornographic, creates a genuine risk of physical injury or property damage, or promotes self-harm or drug abuse
- Attacks, bullies or harasses or includes hate-speech
- Infringes anyone’s intellectual property, privacy or other rights
- Is fraudulent or deceptive Contains any information or content that is illegal or knowingly false
Further, you are not allowed to:
- Share your log-in credentials (i.e. user name and password) with any third party
- Provide access to Zoe to third parties, such as by allowing third parties to view the information contained within Zoe
- Upload information about an individual when you do not have authorization or permission to do so
- Access, tamper with or use non-public areas of Zoe, our systems or our technical providers’ systems
- Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
- Use any undocumented or unsupported method to access, search, scrape, download or change Zoe or anything on it
- Try to reverse engineer any of our software
- Try to interfere with any other Registrant
- Do anything that violates applicable law or regulations
- Encourage or help anyone do any of the things on this list
You are in control of what (if anything) you decide to share on Zoe.
5. Notification of Claims of Infringement
A copyright owner or an agent thereof who believes that content infringes upon such copyright owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Zoe’s Copyright Agent (identified below) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact the owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the copyright owner or its agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Zoe’s designated Copyright Agent to receive notifications of claimed infringement is:
Insurights, Inc. dba Healthee
368 9th Avenue
New York, NY 10001
368 9th Avenue
New York, NY 10001
NOTE: If the owner or its agent fails to comply with all of the requirements of this section, the DMCA notice may not be valid.
We take copyright law very seriously, and if you have a concern about what you see on Zoe, please let us know.
We care about the security of our Registrants. While we work to protect the security of Your Content and account, Zoe cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
In this day and age, no application is 100% secure but we take reasonable measures to protect your content and your account.
7. Third-Party Links, Sites, and Services
Zoe may contain links to third-party websites, services, offers, or other events or activities that are not owned or controlled by Zoe. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any such third party website, service, or content, you do so at your own risk and you agree that Zoe will have no liability arising from your use of or access to any third-party website, service, or content.
Sometimes, Zoe may contain links to a website that is not ours – we don’t endorse and are not responsible for those other websites.
If we are sued because of something you have done, you have to pay our costs.
Zoe and all included content, applications, and technologies are provided on an “as is” basis without warranty of any kind, whether express or implied. ZOE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Zoe takes no responsibility and assumes no liability for Your Content or your use of it or the use of it by another Registrant. Zoe further takes no responsibility and assumes no liability for the actions or omissions of Registrants.
This is our disclaimer of liability for the quality, service, operation or reliability of Zoe.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZOE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, YOUR CONTENT, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ZOE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON ZOE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER REGISTRANTS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR YOUR CONTENT. IN NO EVENT SHALL ZOE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO ZOE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Our liability is limited to $100.00 and we aren’t liable for many costs or damages that you may incur.
For any dispute you have with Zoe, you agree to first contact us and attempt to resolve the dispute with us informally. If Zoe has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Zoe agree otherwise, the arbitration will be conducted in New York County, New York. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except as otherwise required by AAA rules or applicable law. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to Zoe.
If there is a dispute between you and us, we hope we can work it out. If not, the dispute will be resolved through this arbitration process.
12. Governing Law and Jurisdiction
If we have a dispute, we will use New York law and any lawsuits will be heard in New York.
13. How to Contact Us
Questions? This is how you can contact us.
14. General Terms
If your use of Zoe is terminated or you deactivate your account, we have no obligation to store your content
f. Limitation on Legal Action. YOU AND ZOE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.