Terms of Use
Effective Date: July 2026 Last Updated: October 2026
This website, patient portal, mobile application, software platform, and related services (collectively, the “Services”) are maintained and operated by ZebraMD Inc. (“zebraMD,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the Services.
By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and zebraMD's Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not create an account or use the Services.
The Services are intended for individuals worldwide who are at least 18 years of age, or the applicable age of majority in their jurisdiction. If the patient is under the applicable age of majority or otherwise lacks the legal capacity to act on their own behalf, the Services may be accessed and used by the patient's parent, legal guardian, or other individual who is legally authorized to act on the patient's behalf, to the extent permitted by applicable law. By creating an account or using the Services on behalf of another individual, you represent and warrant that you have the legal authority to act for that individual, to provide the information submitted through the Services, and to accept these Terms on their behalf. You further represent that all information you provide to zebraMD is accurate, complete, and current.
Where a parent, legal guardian, or other authorized individual accesses the Services on behalf of a patient who is a minor, that individual is responsible for the minor's use of the Services and for all consents and authorizations provided on the minor's behalf. The Services are not directed to children under 13, and zebraMD does not knowingly collect personal information directly from a child under 13 except as provided by a parent, guardian, or authorized individual in connection with the patient's care and as permitted by applicable law, including the Children's Online Privacy Protection Act (“COPPA”) where applicable. If you believe a child has provided information to zebraMD without appropriate authorization, please contact us using the information in the “Contact Us” section.
Description of the Services
zebraMD provides a healthcare technology platform designed to support patients and healthcare professionals through clinical decision support, analysis and organization of health-related information, identification of potential healthcare considerations, generation of clinical insights, and facilitation of communication with healthcare professionals and referral resources.
The Services may assist patients and healthcare professionals by analyzing available health information, identifying potential patterns associated with certain health conditions, organizing relevant medical information, generating clinical decision support reports, and supporting appropriate next steps in a patient's healthcare journey.
In addition to its technology platform, zebraMD provides clinical consultation services through physicians licensed to practice medicine. These clinical consultation services are available when requested and accepted through the applicable clinical consultation intake process and are governed by the separate Consent to Clinical Services. For a clinical consultation, a direct treatment relationship is established between the patient and zebraMD before zebraMD accesses or queries the patient's health information for that consultation. zebraMD's physicians may obtain and review relevant medical records and other health information, analyze that information, and provide a signed clinical consultation report to the patient and, as appropriate and permitted by applicable law, the patient's treating healthcare professionals. zebraMD may also coordinate care, facilitate referrals, and, where clinically appropriate, coordinate or order genetic testing and other diagnostic testing through the Services.
zebraMD provides these clinical consultation services in its capacity as a healthcare provider, using ZebraMD Inc.'s Type II National Provider Identifier (NPI 1962320093). In this clinical consultation workflow, zebraMD accesses health information as the treating provider, rather than as a Business Associate querying health information on behalf of another healthcare provider. zebraMD's role in other platform activities depends on the particular service and relationship involved and is described further in the Privacy Policy and Notice of Privacy Practices, as applicable.
Use of the general platform, including its information-organization and clinical decision support features, does not by itself establish a physician-patient relationship. A direct treatment relationship with zebraMD is established through the clinical consultation process described above, where applicable. The Services are intended to support communication, coordination, and decision-making between patients and qualified healthcare professionals. Clinical consultation services are not intended to replace the ongoing care, judgment, expertise, or treatment provided by a patient's other healthcare professionals.
Clinical Decision Support Services and Healthcare Information Access
By creating an account and using the Services, you acknowledge and agree that zebraMD provides healthcare technology and clinical decision support services designed to support your healthcare journey. zebraMD may also provide clinical consultation services through its licensed physicians as described in the Consent to Clinical Services.
When you consent to clinical consultation services, zebraMD's physicians may review and analyze your medical records and other health information and provide a physician-reviewed clinical consultation report. zebraMD may also coordinate with your treating healthcare providers, facilitate referrals to specialists, and, when clinically appropriate, coordinate or order genetic testing or other diagnostic testing through the Services.
As part of providing these Services, zebraMD may review, analyze, and process health-related information to generate clinical insights, identify potential healthcare considerations, support appropriate referral pathways, and facilitate communication with healthcare professionals or other authorized healthcare entities.
To provide the Services, zebraMD may access, obtain, use, process, store, and exchange relevant health information from sources such as healthcare providers, electronic health record systems, health information exchanges, laboratories, diagnostic facilities, patient-provided information, and other authorized healthcare data sources. Information may include medical history, diagnoses, laboratory results, medications, imaging information, clinical notes, genetic or genomic information, and patient-generated health data that you provide or authorize zebraMD to access, including information from wearable devices, mobile phones, health and fitness applications, remote monitoring devices, symptom trackers, genetic testing services, and other connected digital health technologies.
These activities are subject to applicable law, the Privacy Policy, the Notice of Privacy Practices where applicable, and any separate consent, authorization, or permission required for a particular service, information source, or use. By using the Services, you agree to the processing of information as described in these Terms and the Privacy Policy, to the extent permitted by applicable law. This agreement does not, by itself, constitute a HIPAA authorization, replace any source-specific consent or permission, or authorize a use or disclosure for which separate authorization is required.
Some features may be available without a clinical consultation. Where you request a clinical consultation, zebraMD's physicians may access and review relevant health information under the applicable Consent to Clinical Services and any additional permissions required for the information source. Access to information depends on the sources connected, permissions granted, and information available from participating organizations. zebraMD cannot guarantee that all relevant medical records or other information will be available.
Role of zebraMD and Limitations of Services
zebraMD provides a healthcare technology platform designed to support you and healthcare professionals through clinical decision support, analysis and organization of health-related information, identification of potential healthcare considerations, generation of clinical insights, and facilitation of communication with healthcare professionals and referral resources. In addition to its technology platform, zebraMD provides clinical consultation services through physicians licensed to practice medicine. zebraMD's clinical consultation services are provided by licensed physicians and are not intended to replace the ongoing care, judgment, expertise, or treatment provided by your other healthcare professionals. You should continue to consult your treating healthcare professionals for ongoing medical care and treatment.
THE SERVICES DO NOT CONSTITUTE EMERGENCY MEDICAL CARE AND MUST NOT BE USED FOR URGENT OR EMERGENCY MEDICAL SITUATIONS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) OR GO TO THE NEAREST EMERGENCY DEPARTMENT IMMEDIATELY. The Services do not provide real-time monitoring, and zebraMD may not review information you submit on an immediate or ongoing basis. Do not rely on the Services for emergency, time-sensitive, or life-threatening needs.
zebraMD:
- Does not provide emergency or urgent medical care. If you have a medical emergency or believe you need immediate medical attention, you should call 911 or seek care from an emergency department or other appropriate emergency medical service.
- Does not prescribe medications.
- Does not independently establish or manage your treatment plan.
- Does not replace your treating physicians or other healthcare professionals.
- Does not replace the judgment, expertise, or clinical care of your treating healthcare providers.
The Services may provide general health information, automated insights, clinical decision support, and, where applicable, physician-led clinical consultation services. General platform information and automated outputs are intended to help users organize information and consider potential healthcare questions; they are not, by themselves, a diagnosis or a substitute for professional medical evaluation.
Where a patient receives a clinical consultation from a zebraMD physician, the physician may review relevant information and provide a clinical consultation report as part of that service. Such a consultation is a clinical service, not merely an automated output, and is subject to the Consent to Clinical Services and applicable professional and legal requirements. The consultation does not replace the patient's ongoing care or establish that zebraMD will independently manage the patient's treatment.
Information, insights, and reports generated through the Services may be incomplete, inaccurate, or not applicable to an individual's circumstances. Automated outputs should be reviewed in context and discussed with a qualified healthcare professional before being relied on for healthcare decisions. Healthcare professionals using the Services remain responsible for their independent professional judgment and clinical decisions. Nothing in these Terms is intended to exclude or limit any duty or liability that cannot lawfully be excluded or limited.
Health information and clinical decision support provided to healthcare professionals are offered for the professional's independent review and use at their own discretion, and are not a directive to diagnose, treat, or manage any patient. AI-generated health insights provided to patients are for informational purposes only, are provided for the patient's use at their own discretion, and are not medical advice, a diagnosis, or a treatment recommendation. You should discuss any insights generated through the Services with a qualified healthcare provider before taking or refraining from any action, and should not disregard or delay seeking professional medical advice because of information obtained through the Services. For any emergency, do not use the Services; go to your nearest emergency department or call 911 (or your local emergency number).
Clinical Decision Support Reports and Information Sharing
zebraMD may generate clinical decision support reports based on information analyzed through the Services.
With your authorization, zebraMD may share reports, insights, and related health information with healthcare providers, specialists, referral organizations, or other healthcare entities identified or approved by you for purposes including evaluation, referral, care coordination, continuity of care, and communication between healthcare professionals.
You acknowledge that healthcare providers receiving information from zebraMD remain responsible for independently reviewing such information and making their own clinical decisions.
Artificial Intelligence and Predictive Technologies
Certain features of the Services may use artificial intelligence, machine learning, predictive analytics, natural language processing, or other automated technologies.
These technologies are designed to assist patients and healthcare professionals by identifying patterns, organizing information, and generating clinical decision support insights. However, artificial intelligence and automated technologies may not always be accurate, complete, or applicable to every individual circumstance.
Information generated through the Services, including algorithmic outputs and predictive insights, should not be interpreted as a definitive diagnosis or standalone treatment decision and should always be reviewed in conjunction with professional medical judgment.
The Services are intended to function as clinical decision support that provides information and recommendations to healthcare professionals and patients for their independent review and consideration. The Services are designed to support the organization and analysis of health-related information for clinical decision support. Depending on the feature used, information may include reports or other information about medical imaging, wearable devices, or remote monitoring. Unless a feature is expressly described otherwise, the Services are not intended to independently interpret medical image files or raw physiological signals or to replace the professional judgment of a licensed healthcare provider. Healthcare professionals using the Services are expected to independently evaluate the outputs and exercise their own clinical judgment. zebraMD does not represent that the Services are cleared, approved, or authorized by the U.S. Food and Drug Administration or any other regulatory authority, except as expressly stated.
Privacy, Health Information, Consent, and Use of Data
zebraMD is committed to protecting the privacy and security of the information entrusted to us. zebraMD maintains administrative, technical, and organizational safeguards designed to protect personal information and health information in accordance with applicable privacy and security requirements, including the Health Insurance Portability and Accountability Act ("HIPAA"), where applicable.
By creating an account or using the Services, you acknowledge that zebraMD may collect, access, use, process, store, and disclose information as described in these Terms and the Privacy Policy, subject to applicable law. The information may include information you provide directly, information obtained from authorized healthcare providers and health information exchanges, laboratory and diagnostic data, genetic or genomic information, and patient-generated health data from wearable devices, mobile phones, health applications, remote monitoring devices, and other connected digital health technologies.
The information zebraMD can access depends on the features you use, the sources connected, the permissions granted, and the information made available by participating organizations. Where a particular source, activity, or use requires separate consent, authorization, or permission, zebraMD will obtain or request it as applicable. These Terms do not replace the Consent to Clinical Services, any separate permission required by a connected information source, or any authorization required by applicable law.
zebraMD maintains administrative, technical, and organizational safeguards designed to protect personal information and health information in accordance with applicable privacy and security requirements. zebraMD's Privacy Policy describes its broader privacy practices across the Services. zebraMD's Notice of Privacy Practices (“NPP”) describes how zebraMD uses and discloses protected health information in its capacity as a HIPAA-covered healthcare provider, and explains the rights that apply to that information. Where applicable, the NPP governs the use and disclosure of protected health information within zebraMD's HIPAA-covered healthcare component. The applicable legal requirements govern if there is a conflict between a general statement in these Terms and a mandatory privacy requirement.
zebraMD may use and disclose identifiable personal information and protected health information as permitted or required by applicable law, including as necessary to provide the Services and treatment, conduct permitted healthcare operations, maintain the security and functionality of the platform, and comply with legal obligations. Where a use or disclosure requires a separate authorization under HIPAA or other applicable law, zebraMD will obtain the required authorization before proceeding. Any revocation of an authorization is subject to applicable law and the terms of that authorization, including any actions already taken in reliance on it.
Where reasonably appropriate and permitted by law, zebraMD may de-identify information in accordance with applicable legal standards. Information that has been properly de-identified may be retained and used for lawful purposes described in the Privacy Policy and NPP, as applicable, including developing, validating, improving, maintaining, and enhancing clinical decision support algorithms, artificial intelligence technologies, healthcare insights, products, research capabilities, and Services. Properly de-identified information may also be used for scientific research and collaborations with healthcare organizations, academic institutions, and life sciences organizations, subject to applicable law and contractual restrictions. Information that is coded or pseudonymized but remains identifiable under applicable law is not treated as de-identified solely because direct identifiers have been removed.
zebraMD does not sell identifiable personal information or protected health information for marketing or advertising purposes, and does not use your health information to deliver third-party advertising based on that information. Service providers and technology partners may process information on zebraMD's behalf as necessary to provide, maintain, and secure the Services, subject to applicable law and appropriate contractual restrictions. Such processing does not, by itself, authorize those parties to use the information for their own independent advertising, research, or model-training purposes.
zebraMD may disclose identifiable health information to health insurance companies or other insurers only as permitted or required by applicable law, including where authorized by you or permitted for purposes such as treatment, payment, or healthcare operations. The NPP and Privacy Policy provide further information about applicable uses, disclosures, and restrictions.
Where the Services involve genetic or genomic information, zebraMD will handle that information in accordance with applicable law, the Privacy Policy, and the NPP where applicable. Genetic information may be subject to additional legal protections and restrictions. In the United States, the federal Genetic Information Nondiscrimination Act (“GINA”) generally restricts the use of genetic information by health insurers and employers in specified circumstances, but does not cover every type of insurance, including life, disability, and long-term care insurance. Protections vary by jurisdiction and circumstance.
zebraMD will not disclose genetic information for purposes beyond those permitted by applicable law and the applicable privacy documents. Information may be processed by service providers acting on zebraMD's behalf where necessary to provide the Services and permitted by law. Any independent disclosure or use of genetic information, including for research, that requires separate authorization or consent will be subject to the applicable requirements. Where a separate authorization or consent is required, this section does not replace it.
Mandated Reporting and Legally Required Disclosures
Notwithstanding any other provision of these Terms or our confidentiality commitments, zebraMD may be required by applicable law to report certain information to governmental authorities, including suspected abuse, neglect, or exploitation of children, elders, or other vulnerable individuals, threats of harm to self or others, or communicable disease and public health reporting. Where zebraMD is required or permitted by applicable law to make such a report or disclosure, zebraMD may use or disclose the information to the extent legally permitted or required. Any such activity remains subject to applicable law and the relevant privacy obligations. The NPP and Privacy Policy describe additional circumstances in which information may be used or disclosed without a separate authorization.
You can opt to share any information, including genetic information, for research study participation or any other voluntary disclosure requested by you.
Your Privacy Rights
Depending on your jurisdiction, the type of information involved, and the applicable law, you may have rights regarding your personal information or health information, including rights to access, obtain a copy of, correct, delete, or restrict certain information, withdraw consent, or object to certain processing. These rights may be subject to exceptions and limitations, including requirements to retain medical records or other information. zebraMD will handle requests in accordance with applicable law, its Privacy Policy, and the NPP where applicable. To exercise your rights, contact zebraMD using the information in the “Contact Us” section. Residents of certain U.S. states (including under the California Consumer Privacy Act, the Washington My Health My Data Act, and similar consumer health data and privacy laws) and individuals in other jurisdictions (including under the EU/UK General Data Protection Regulation, where applicable) may have additional rights. zebraMD will honor applicable rights as described in our Privacy Policy. To exercise your rights, contact us using the information in the “Contact Us” section below.
Account Deletion and Data Retention
You may stop using the Services and request deletion of your account through the available account settings or by contacting zebraMD using the information in the “Contact Us” section. Account deletion, withdrawal of consent to receive clinical consultation services, disconnection of a connected health information source, and revocation of a separate authorization are distinct actions and may be subject to different procedures.
You may withdraw consent to receive clinical consultation services in accordance with the Consent to Clinical Services. You may also disconnect a connected health information source or revoke a separate authorization where applicable, using the relevant controls or procedures and subject to applicable law. Deleting your account does not, by itself, withdraw every consent, revoke every authorization, or require zebraMD to stop all processing that is otherwise permitted or required by law.
After account deletion or withdrawal of consent, zebraMD will handle information in accordance with its Privacy Policy, NPP where applicable, and applicable legal requirements. zebraMD may retain medical records, clinical consultation reports, consent and authorization records, security logs, backups, and other information where necessary to meet legal, regulatory, professional, medical-record retention, security, or recordkeeping requirements, or where otherwise permitted by applicable law. Retention periods and deletion practices may vary according to the type of information and the purpose for which it is held.
Information that has been properly de-identified in accordance with applicable law and can no longer reasonably be associated with you may be retained and used for lawful purposes described in the Privacy Policy and NPP, as applicable. Information that remains identifiable, including coded or pseudonymized information that qualifies as protected health information, remains subject to the applicable privacy protections and restrictions.
Your decision to use or discontinue the Services will not, by itself, affect the medical care you receive from your other healthcare providers.
Account Responsibilities
When you create an account, you agree to provide accurate, current, and complete information and maintain the confidentiality of your account credentials.
You are responsible for all activity conducted through your account and agree to notify zebraMD promptly if you believe your account has been accessed or used without authorization.
You may not use another person's account or provide false information regarding your identity.
Fees and Payment
Certain Services or features may be offered for a fee. If you purchase paid Services, you agree to pay all applicable fees and taxes in accordance with the pricing and payment terms presented to you at the time of purchase. Where Services are offered on a subscription or recurring basis, you authorize zebraMD or its payment processor to charge the applicable fees on a recurring basis until you cancel, and any such subscription may automatically renew unless cancelled before the end of the then-current term. zebraMD will disclose auto-renewal terms and cancellation instructions as required by applicable law. Except as required by law or expressly stated, fees are non-refundable.
Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms.
You may not use the Services to upload, transmit, or provide content that is unlawful, fraudulent, harmful, threatening, abusive, defamatory, discriminatory, obscene, or that violates another person's privacy or intellectual property rights.
You may not interfere with the operation, security, or integrity of the Services, attempt unauthorized access to zebraMD systems, introduce malicious software, reverse engineer the Services except where permitted by applicable law, or use the Services for unauthorized commercial purposes.
User Content and Information Provided to zebraMD
You are responsible for any information, documents, or other content that you submit through the Services.
You retain ownership of information you provide to zebraMD.
By submitting information through the Services, you grant zebraMD the rights reasonably necessary to receive, host, store, transmit, organize, analyze, and otherwise process that information to provide, maintain, secure, improve and operate the Services, in accordance with these Terms, the Privacy Policy, the NPP where applicable, and applicable law. Any use of personal information or protected health information for additional purposes is subject to the privacy documents and permissions applicable to that use. This paragraph does not grant zebraMD or any third party an independent right to use identifiable health information for advertising, research, or model training where such use is not otherwise permitted by law or applicable authorization.
Intellectual Property
The Services, including all software, technology, algorithms, artificial intelligence models, designs, trademarks, logos, graphics, text, interfaces, databases, and other materials provided by or on behalf of zebraMD, are owned by zebraMD or its licensors and are protected by applicable intellectual property laws.
Except as expressly permitted by these Terms, you may not copy, modify, distribute, reproduce, reverse engineer, publicly display, create derivative works from, sell, or otherwise exploit any portion of the Services without zebraMD's prior written permission.
Third-Party Services
The Services may include links to or integrations with third-party websites, products, services, healthcare systems, or resources. zebraMD does not control and is not responsible for third-party content, products, services, privacy practices, security practices, or availability. Your interactions with third-party services are solely between you and the applicable third party.
Accessibility
zebraMD strives to make the Services accessible and usable by individuals with disabilities and aims to conform to applicable accessibility standards. If you experience difficulty accessing any part of the Services, please contact us using the information in the “Contact Us” section so we can provide assistance or the information you need through an alternative means.
Mobile Applications and App Stores
If you access the Services through a mobile application obtained from a third-party app store or platform (such as the Apple App Store or Google Play), your use is also subject to that platform's applicable terms. You acknowledge that these Terms are between you and zebraMD only, and not with any such platform, and that the platform provider is not responsible for the Services or their support. To the extent required by the platform's terms, the platform provider is a third-party beneficiary of these Terms with the right to enforce them against you.
Disclaimer of Warranties
While zebraMD uses reasonable efforts to provide reliable and useful Services, zebraMD does not warrant or guarantee that the Services, information, reports, or technology will always be accurate, complete, current, secure, uninterrupted, or error-free.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
To the maximum extent permitted by law, zebraMD and its affiliates, officers, directors, employees, contractors, licensors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your access to or use of the Services. zebraMD shall not be responsible for healthcare decisions made by you or healthcare professionals based on information generated through or accessed through the Services. To the maximum extent permitted by applicable law, the total aggregate liability of zebraMD and the parties listed above arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amounts you paid to zebraMD for the Services in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless zebraMD and its affiliates, officers, directors, employees, contractors, licensors, and agents from any claims, damages, liabilities, losses, costs, or expenses arising out of or related to your use of the Services, violation of these Terms, violation of applicable laws, or infringement of third-party rights.
Modification or Termination of Services
zebraMD reserves the right to modify, suspend, restrict, or terminate your access to the Services if zebraMD reasonably believes that you have violated these Terms, created a security risk, engaged in unlawful or fraudulent activity, or used the Services in a manner that may harm zebraMD, other users, or third parties.
Changes to These Terms
These Terms may be updated from time to time. zebraMD will provide notice of material changes by posting updated Terms through the Services or by other reasonable means. Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.
Dispute Resolution; Arbitration; Class Action Waiver
Please read this section carefully, as it affects your legal rights. To the extent permitted by applicable law, you and zebraMD agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court or seek injunctive relief for intellectual property or unauthorized access matters. YOU AND ZEBRAMD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement by notifying zebraMD in writing within thirty (30) days of first accepting these Terms. This section does not apply where prohibited by applicable law, and nothing in these Terms waives any non-waivable statutory rights.
Before initiating arbitration, you and zebraMD agree to first attempt to resolve any dispute informally by providing written notice describing the dispute and the relief sought, and to negotiate in good faith for at least thirty (30) days after such notice is received.
Any arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (or, if the AAA is unavailable or the parties agree, by JAMS under its applicable consumer rules), before a single arbitrator. The applicable rules are available at www.adr.org (AAA) or www.jamsadr.com (JAMS). The arbitration will take place in the county or district of your residence, or will be conducted by telephone, videoconference, or on the basis of written submissions where permitted, unless otherwise required by applicable law. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court has exclusive authority to determine the enforceability of the class action waiver. The arbitrator may award the same individual relief that a court could, but may not award relief on a class, collective, or representative basis. zebraMD will pay arbitration filing and administrative fees to the extent required by the administering provider's rules or applicable law to make this section enforceable, and each party will otherwise bear its own fees and costs except as the arbitrator may award under applicable law.
Governing Law
The Services may be accessed from countries around the world. You are responsible for ensuring that your use of the Services complies with the laws applicable to you in your jurisdiction. These Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles, except where applicable law requires otherwise. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Electronic Communications and Consent
By using the Services, you consent to receive communications, notices, agreements, disclosures, and other records from zebraMD electronically, including by email or through the Services, to the extent permitted by applicable law. You may request information about withdrawing consent to electronic delivery or receiving records in another format by contacting zebraMD using the information in the “Contact Us” section. Withdrawal of consent to electronic delivery may affect your ability to use certain features or receive certain communications electronically, but is distinct from withdrawing consent to clinical consultation services, disconnecting a connected health information source, or revoking a separate authorization.
General Provisions
These Terms, together with our Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and zebraMD regarding your use of the Services. You may not assign or transfer these Terms or your rights under them without zebraMD's prior written consent. zebraMD may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. zebraMD's failure to enforce any provision of these Terms will not constitute a waiver of that or any other provision. zebraMD will not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, network or utility failures, or public health emergencies. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and zebraMD. zebraMD may provide notices to you through the Services or by email to the address associated with your account. You may provide notices to zebraMD using the contact information in the “Contact Us” section. The provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, user content, disclaimers of warranties, limitation of liability, indemnification, mandated reporting, dispute resolution, governing law, and these general provisions. Except for zebraMD's affiliates, officers, directors, employees, contractors, licensors, and agents (who are intended beneficiaries of the disclaimer, limitation of liability, and indemnification provisions) and any app store platform to the extent stated in these Terms, there are no third-party beneficiaries of these Terms.
Contact Us
For questions or concerns regarding these Terms, you may contact us at: