Terms of Use

Last updated: September 15, 2025

Emergency Notice: DO NOT USE THIS PLATFORM FOR EMERGENCIES. If you are in crisis or considering self-harm, call 911 (U.S.) or go to the nearest emergency room. You may also contact the 24-hour Suicide & Crisis Lifeline by dialing 988 (U.S.).

1) Welcome & Agreement to Terms

These Terms of Use ("Terms") govern access to and use of the ZestLife platform operated by ZestLife, Inc. ("ZestLife," "we," "our," or "us"). By accessing or using our website or applications (the "Platform"), you agree to these Terms and to our Privacy Policy, which is incorporated by reference.

1.1 Scope. ZestLife no longer offers consumer accounts or consumer profiles. The Platform is limited to professional users: licensed and unlicensed group facilitators (collectively, "Facilitators," defined below) and Organizations (e.g., clinics, agencies, group practices) and their designated admins/staff.

1.2 Changes to Terms. We may update these Terms at any time. Changes are effective upon posting to the Platform. Your continued use signifies acceptance of the updated Terms. For material changes, we will provide advance notice by email or in‑product notice within a reasonable period (typically 15–30 days) unless earlier effectiveness is required by law or for security.

1.3 Electronic Consents & Incorporated Agreements. By creating an account, you agree that your electronic acceptance — including required checkbox acknowledgements and clicks on buttons such as “I agree” or “Submit” — is the legal equivalent of a handwritten signature. The following are incorporated into these Terms and are binding upon you, as applicable: (i) Service Agreement (SA); (ii) Business Associate Agreement (BAA); and (iii) our Privacy Policy. Together with these Terms, these documents form the complete set of rules governing your use of the Platform.

1.4 Electronic Records & Signatures (E‑SIGN). You consent to receive contracts, disclosures, and notices electronically and to sign electronically. You may withdraw consent by contacting support@getzestlife.com; withdrawal may limit your ability to use the Platform. Keep your contact information current so you can receive required notices.


2) What ZestLife Is (and Isn’t)

ZestLife provides software for discovering and listing group-based mental wellness offerings, administering schedules, and facilitating operational communications for professional users. ZestLife does not provide medical care, therapy, or professional services and is not a healthcare provider. Facilitators and Organizations are independent of ZestLife.


3) No Consumer Profiles; Professional‑Only Accounts

3.1 No Members/Consumers. ZestLife does not host consumer/member profiles. All former consumer/member accounts and profiles have been sunset.

3.2 Professional Users Only. Access is available only to: (a) Facilitators (therapists, psychologists, psychiatrists, social workers, coaches, and other professionals, licensed or unlicensed); and (b) Organizations (group practices, clinics, agencies) and their designated admins/staff.


4) Definitions


5) PHI Pathways & HIPAA Responsibilities

5.1 PHI Allowed Only via Hipaatizer. ZestLife prohibits entering, storing, or transmitting PHI on the Platform except through embedded Hipaatizer HIPAA‑compliant forms and tools. Do not include PHI in ZestLife profile fields, announcements, message boards, emails, chats, or attachments on the Platform. All Platform contact surfaces that could collect health information—including Facilitator profile pages—are Hipaatizer‑powered. Do not submit PHI through any non‑Hipaatizer channel (e.g., external email links, phone, or social media).

5.2 Role Clarity. ZestLife is not a Covered Entity and acts as a Business Associate only to the limited extent the Platform technically facilitates PHI through Hipaatizer‑embedded workflows. Primary PHI processing responsibilities rest with Hipaatizer under its BAA and with each Organization/Facilitator under applicable law and professional standards.

5.3 Your Compliance. Organizations and Facilitators are responsible for: (a) using Hipaatizer for any PHI; (b) maintaining their own HIPAA compliance (and any state privacy laws); (c) honoring patient/client rights and record‑keeping obligations.

5.4 Prohibited Content. You must not upload or transmit PHI (or other sensitive health information) on any non‑Hipaatizer area (including but not limited to ZestLife DMs, message boards, file uploads, or profile fields). ZestLife may remove prohibited content and/or suspend access. Do not include PHI in any free‑text fields on profile pages or in messages sent outside Hipaatizer. If you choose to display an external email or phone on your profile, you must not solicit or accept PHI through those channels; ZestLife may display a “Do not include health information” notice.

5.5 Third‑Party Services. The Platform may interoperate with third‑party services (e.g., Hipaatizer, payment processors). ZestLife is not responsible for acts, omissions, or failures of such third parties, which are governed by their own terms.


6) Accounts, Eligibility & Professional Responsibilities

6.1 Eligibility & Authority

  1. 6.1.1 You must be at least 18 years old.
  2. 6.1.2 If you register or use the Platform on behalf of an Organization, you represent that you have authority to bind that Organization to these Terms.
  3. 6.1.3 You agree to comply with all applicable laws, professional rules, and these Terms (including §5 and §7).

6.2 Account Types

  1. 6.2.1 Individual Facilitator Account. For a professional (licensed or unlicensed, e.g., therapist, coach) to maintain a profile and, where permitted by plan and law, create or participate in Groups.
  2. 6.2.2 Organization Account. For a clinic, agency, or group practice that manages one or more Facilitators and Groups under a shared admin console.

6.3 Organization Roles & Permissions

6.3.1 Roles. Within an Organization Account, users may be assigned one or more roles (titles may vary):

6.3.2 Illustrative Permissions (subject to product evolution).

6.4 Ownership of Groups & Listings (Organization‑Owned)

6.5 Facilitator Profiles (Portability & Independence)

6.6 Organization Responsibilities

6.7 Facilitator Responsibilities

6.8 Adding, Removing, and Disabling Users

6.9 Security & Access Management

Each user must have a unique login and keep credentials confidential. You are responsible for actions under your credentials. Use MFA or other security features when available; some actions may require them.

6.10 Verification; No Endorsement

We may request identity/credential information to assess eligibility but do not independently verify licensure/insurance and do not endorse or supervise users.

6.11 Data, PHI & Hipaatizer Message Access

6.11.1 PHI through Hipaatizer only. PHI may be created, received, maintained, or transmitted only through Hipaatizer (see §5). We do not host/store/display PHI and are not a PHI system of record. PHI exports must occur within Hipaatizer; we cannot export PHI.

6.11.2 Designating recipients for new messages. Applies to (i) Group listings, (ii) Organization page, and (iii) Facilitator profile pages:

6.11.3 Previously sent messages. Prior submissions are not retroactively affected. Access/storage/retention are managed by the Organization and Hipaatizer under their respective settings and terms.

6.11.4 Content handling. We do not host, store, display, control, or view message content or PHI and do not grant access to message content. Hipaatizer is the system of record for message content and any PHI (see §5).

6.11.5 Non‑PHI Personal Data & Usage Data. Governed by §14 and the Privacy Policy. For EEA/UK/CH personal data, the DPA (including SCCs/IDTA, where applicable) governs cross‑border transfers.

6.12 Changes in Control of an Organization

We may rely on reasonable documentation (e.g., corporate records) to update the Owner role. We may freeze role changes during disputes until resolution.


7) Code of Conduct & Security


8) Content & Intellectual Property


9) Subscriptions, Fees & Payments (Professional Users)


10) Marketing & Reviews


11) No Medical Advice; No Endorsement; No Legal/Financial Advice


12) DMCA & IP Complaints


13) Changes to the Platform

13.1 Modifications. We may modify, suspend, or discontinue features (including Beta) without liability or refunds, except as required by law or a signed SA.


14) Data; Retention & Export


15) Notices & Communications


16) Term & Termination


17) Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, ACCURACY, SECURITY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR‑FREE. While ZestLife implements reasonable safeguards to protect data, no system is completely secure, and we cannot guarantee that unauthorized access, loss, or breach will never occur.


18) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZESTLIFE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR LIABILITIES THAT CANNOT BE LIMITED BY LAW, ZESTLIFE’S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNTS PAID BY YOU (OR YOUR ORGANIZATION) TO ZESTLIFE FOR THE PLATFORM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

The foregoing cap does not apply to liability to the extent resulting from ZestLife’s fraud or willful misconduct, or where liability cannot be limited under applicable law. Your payment obligations and any amounts you owe are not limited by this Section. The remedies in these Terms are intended to apply even if any remedy fails of its essential purpose.

18.1 California Waiver of Unknown Claims. California users waive Cal. Civ. Code § 1542 and similar provisions to the extent permitted by law.


19) Indemnification

19.1 Your Indemnity. You (and your Organization, if applicable) will defend, indemnify, and hold harmless ZestLife, Inc. and its officers, directors, employees, contractors, and agents from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content, listings, or services; (b) your breach of these Terms or any law/professional standard; (c) your misuse of the Platform or violation of Platform policies; (d) alleged or actual PHI handling outside permitted Hipaatizer pathways; including, without limitation: (i) claims by your clients/patients/participants; (ii) claims arising from reliance on or discovery of your listings/profiles/content; and (iii) disputes or claims concerning your professional services, qualifications, representations, or omissions.

19.2 Our IP Indemnity (Exclusive Remedy). We will defend and indemnify you against third‑party claims that the unmodified Platform (as we provide it) directly infringes a U.S. copyright, trademark, or patent, and pay final damages/settlements we approve. If a claim arises, we may (at our option): (a) procure rights; (b) replace/modify the Platform to be non‑infringing; or (c) terminate affected features with a pro‑rata refund of pre‑paid fees. This §19.2 does not apply to claims arising from your content, combinations with non‑ZestLife items, or use contrary to these Terms. This §19.2 states your exclusive remedy for such claims. Liability under this §19.2 is subject to the limitations and cap in §18.


20) Governing Law & Venue (Delaware law; California courts)

These Terms are governed by the laws of the State of Delaware (without regard to conflicts‑of‑law rules). Exclusive venue for any dispute arising out of or relating to these Terms or the Platform will be the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there. Any claim must be brought within one (1) year after it accrues.


21) Informal Dispute Resolution

Before filing for arbitration or litigation (except for claims seeking immediate injunctive relief), the complaining party must send a Notice of Dispute to the other party describing the claim and requested relief. If we cannot resolve the dispute within 30 days after receipt, either party may proceed under §22.


22) Arbitration & Class Action Waiver

To the fullest extent permitted by law, any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Platform will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration will be conducted in Los Angeles County, California, in English, before a single arbitrator, unless both parties agree otherwise.


23) Miscellaneous


24) Contact

ZestLife, Inc.
Support: support@getzestlife.com
Website: getzestlife.com