Terms of Use

Effective Date: February 1, 2026 | Last Updated: February 1, 2026

1. Acceptance of Terms

By accessing and using the ZipHealthy website (ziphealthy.com) and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy, and our HIPAA Notice of Privacy Practices (collectively, the "Agreement"). If you do not agree to these terms, please do not use our website or services.

2. Description of Services

ZipHealthy provides behavioral health services, life coaching, business consulting, and educational workshops through our licensed professionals. Our services include:

• Individual, couples, family, and group therapy
• Career, health and wellness, and relationship coaching
• Business consulting services
• Workshops and training programs

Important Notice: Our behavioral health services include professional mental health assessment, diagnosis, and treatment provided by licensed clinicians within their scope of practice. ZipHealthy does not provide medical services, psychiatric medication management (except through our psychiatric providers where available), or treatment of physical health conditions. The educational content on this website (blog posts, articles, self-assessments) is for informational purposes only and does not constitute professional advice or establish a provider-patient relationship.

3. Eligibility

To use our website, you must be at least 18 years of age or the age of majority in your jurisdiction. To receive clinical services, individuals under 18 may participate only with parental or legal guardian consent and involvement as clinically appropriate. Parents or legal guardians must provide written consent for minors to receive services, and parental rights regarding a minor's treatment records will be honored as required by the law of the jurisdiction in which services are provided.

4. User Responsibilities

As a user of our services, you agree to:

• Provide accurate and complete information during registration and throughout your care
• Maintain the confidentiality of your login credentials and account information
• Notify us immediately of any unauthorized use of your account
• Use our services only for lawful purposes
• Treat our staff and other clients with respect and refrain from threatening, abusive, or harassing behavior
• Attend scheduled appointments or provide notice of cancellations as described in our cancellation policy (see Section 5 below)
• Be physically located in a jurisdiction where our clinicians are licensed (Arizona, Arkansas, Virginia, and the U.S. Virgin Islands) during telehealth sessions

5. Appointment Cancellation and No-Show Policy

We understand that scheduling changes are sometimes unavoidable. To ensure availability for all clients, the following policy applies:

• Cancellation Notice: Please provide at least 24 hours advance notice if you need to cancel or reschedule an appointment.
• Late Cancellation Fee: Appointments cancelled with less than 24 hours notice may be subject to a late cancellation fee, which will be disclosed to you during your intake process and in your service agreement.
• No-Show Fee: Failure to attend a scheduled appointment without notice ("no-show") may be subject to a no-show fee equal to the full session rate.
• Insurance: Late cancellation and no-show fees are not covered by insurance and are the sole responsibility of the client.
• Repeated Missed Appointments: A pattern of repeated no-shows or late cancellations may result in a discussion about your continued care, including the possibility of referral to another provider.

Specific fee amounts are provided in your intake paperwork and service agreement. We reserve the right to waive fees in cases of documented emergencies at our sole discretion.

6. Intellectual Property

All content on the ZipHealthy website, including but not limited to text, graphics, logos, images, audio clips, video content, and software, is the property of ZipHealthy PLLC or its content suppliers and is protected by United States and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from our website without prior written consent from ZipHealthy PLLC, except that you may print or download one copy of materials on any single page for your own personal, non-commercial use, provided you do not modify the content and retain all copyright and proprietary notices.

7. Disclaimer of Warranties

THE WEBSITE AND ITS INFORMATIONAL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZIPHEALTHY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

This disclaimer applies only to the website and its informational content. It does not apply to the professional clinical services provided by our licensed clinicians, which are governed by applicable standards of care, professional licensing requirements, and the laws of the jurisdiction in which services are provided.

8. Limitation of Liability

To the fullest extent permitted by applicable law, ZipHealthy PLLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) our website
• Any conduct or content of any third party on our website
• Any informational content obtained from our website
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL ZIPHEALTHY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO ZIPHEALTHY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Nothing in this section limits liability for: (a) gross negligence or willful misconduct; (b) professional malpractice claims subject to applicable standards of care; (c) fraud or intentional misrepresentation; or (d) any liability that cannot be excluded or limited under applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless ZipHealthy PLLC, its officers, directors, employees, agents, and clinicians from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to: (a) your use of our website in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your infringement of any third-party rights, including intellectual property rights. This indemnification obligation shall survive termination of these Terms.

10. Emergency Disclaimer

ZipHealthy is NOT an emergency service provider. If you are experiencing a mental health emergency, suicidal thoughts, or are in immediate danger, please:

• Call 911 immediately
• Go to your nearest emergency room
• Call the 988 Suicide & Crisis Lifeline (call or text 988)
• Text HOME to 741741 (Crisis Text Line)

Our services are not designed to handle crisis situations. We provide scheduled therapeutic services during our posted business hours. In-session emergencies will be handled according to our clinical protocols, which may include contacting emergency services.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact ZipHealthy in writing at the address below and provide a description of the dispute and the relief sought. ZipHealthy will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. Most concerns can be resolved through direct communication.

11.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising from or relating to these Terms of Use or your use of the ZipHealthy website (excluding claims related to professional malpractice, which shall be governed by applicable law and may be pursued in court) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration shall take place in Benton County, Arkansas, or at another mutually agreed location.

11.3 Class Action Waiver

YOU AND ZIPHEALTHY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and ZipHealthy each waive any right to a jury trial.

11.4 Exceptions

Notwithstanding the above: (a) either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the infringement of intellectual property rights or the unauthorized use of confidential information; (b) claims that qualify for small claims court may be pursued there; and (c) claims for professional malpractice may be pursued in court under applicable law.

11.5 Opt-Out

You may opt out of this arbitration provision by sending written notice to ZipHealthy PLLC at the address below within thirty (30) days of your first use of our website or services. The opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other provisions of these Terms remain in effect.

12. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information, and our HIPAA Notice of Privacy Practices, which describes how we use and disclose your Protected Health Information. By using our services, you acknowledge that you have reviewed these policies.

13. Modifications to Terms

ZipHealthy reserves the right to modify these Terms of Use at any time. We will post the updated Terms on this page and update the "Last Updated" date. For material changes that reduce your rights or impose new obligations, we will provide advance notice via email (to the email address associated with your account) at least thirty (30) days before the changes take effect. Your continued use of our services after the effective date of any modifications constitutes your acceptance of the updated terms. If you do not agree with any modification, you must discontinue use of our website and services.

14. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions. Subject to the arbitration provisions in Section 11 above, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Benton County, Arkansas, and you irrevocably consent to the jurisdiction of such courts.

15. Force Majeure

ZipHealthy shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, pandemics, epidemics, acts of government, power failures, internet or telecommunications outages, cyberattacks, or other force majeure events. In such events, ZipHealthy will make reasonable efforts to resume services as soon as practicable and will provide alternative arrangements where possible.

16. General Provisions

Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy, Telehealth Consent & HIPAA Notice, Good Faith Estimate, and any service agreements or consent forms signed by you, constitute the entire agreement between you and ZipHealthy regarding the use of our website and services, superseding any prior agreements or understandings.

No Waiver

The failure of ZipHealthy to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of ZipHealthy.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. ZipHealthy may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

17. Contact Information

If you have any questions about these Terms of Use, please contact us:

ZipHealthy PLLC
240 S Main St, Suite #270
Bentonville, AR 72712
Email: [email protected]
Phone: (479) 259-1390