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Terms of Use

Effective Date: August 22, 2025

These online Terms of Use (“Terms of Use”) set forth a legally binding agreement between you and ZO Skin Health, Inc., including its subsidiaries and affiliates (collectively, “ZO”). These Terms of Use govern your access to, and use of all websites controlled and offered by ZO (the “Sites”), including any content, functionality, and services offered on or through them, whether as a guest or a registered user. Our Privacy Notice is incorporated into and is part of these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU USE THE SITES. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING ZO’S LIABILITY AND REQUIRING THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS.

By using the Sites, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and you acknowledge ZO’s Privacy Notice, as well as any other rules or restrictions posted on the Sites, all incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Sites.

The Sites are offered and available to users who are 18 years of age or older and are not intended for use by children under the age of 18. By accessing and using the Sites, you represent and warrant that you are at least 18 years old and have read, understand and agree to be bound to the current version of these Terms of Use.

In some instances, both these Terms of Use and separate terms setting forth additional conditions may apply to a service or product offered via the Sites (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. 

If you disagree with these Terms of Use, or are dissatisfied with any aspect of the Sites, your sole and exclusive remedy is to discontinue accessing and using the Sites.

Changes to these Terms of Use

ZO reserves the right to revise and update these Terms of Use and the Privacy Notice from time to time in its sole discretion without prior notice. All changes are effective immediately upon posting and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use constitutes your agreement to be bound by the updated Terms of Use as then stated.

Your Use of the Sites

To access the Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites, and you represent and warrant, that all the information you provide is correct, current, and complete. It is your responsibility to maintain the completeness and accuracy of your registration information, and any loss caused by your failure to do so is your responsibility. You represent that you will update your contact information if it changes so we can contact you.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You also acknowledge that your account is personal to you. You represent and warrant that you will not sell, share, or disclose your password to others, and will not otherwise provide any other person with access to the Sites or portions of it using your account. You should use particular caution when accessing your account from a public or shared computer.

In addition, you represent and warrant that:

  • You will use the Sites in accordance with these Terms of Use.
  • You will not use the Sites, including by uploading User Generated Content (as defined below), in any way or for any purpose that is unlawful, fraudulent, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by ZO in its sole discretion.
  • You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  • You will not upload, post, reproduce, or distribute any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
  • You will not transmit through the Sites any unauthorized communication, including but not limited to bulk or “junk” emails, chain letters, spam, or any advertising or promotional materials or any other form of solicitation; or interfere with, disrupt, or create undue burden on the Sites or the networks or services connected to the Sites by means including, but not limited to, hacking into the Sites or using the Sites to send unsolicited emails or other communications.
  • You will not crawl, scrape, or use other automated means like “spiders” and “robots” to access or collect data from the Sites.
  • You will not, and will not attempt to, circumvent any of the Sites’ security measures, reverse engineer any portion of the Sites, obtain the Sites’ source code, or create back doors or any form of unauthorized access to the Sites.
  • You will not upload, post, email, or otherwise transmit any material that contains viruses, corrupted files, Trojan horses, worms, or any other computer code, software, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment or may adversely affect the operation or features of the Sites.

Access to the Sites

Certain features and functionality of the Sites may require the creation of an account by entering your name and email address, selecting a valid password, and providing other required registration information (“Account”). If you create an Account on the Sites, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your Account. You are solely responsible for the accuracy of your registration information and for updating and maintaining it. You will not sell, transfer, or assign your account or any Account rights. You will immediately notify us at the email provided in the “Contact Information” section below if you suspect any unauthorized use of your Account or any other breach of security.

Your use of the Sites must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by ZO in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Sites or to receive any communications from ZO.

The Sites may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of ZO, access to the Sites may be interrupted or suspended from time to time. ZO shall have the right at any time to change or discontinue any aspect or feature of the Sites, including, but not limited to, content, availability, and equipment needed for access or use.

ZO may immediately suspend or terminate the availability of the Sites, in whole or in part, to any individual user or all users, for any reason, in ZO’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Sites, or upon notice from ZO, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of the Sites. 

Intellectual Property Rights

The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, software, logos, service marks, trademarks, trade names, and the design, selection, and arrangement thereof) (collectively, the “Site Content”) are owned by ZO, its licensors, or other providers of such material and are protected by United States, Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. For certainty, Site Content does not include any User Generated Content (as defined below).

The ZO Skin Health and ZO name, the ZO logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ZO. You are expressly prohibited from using such marks without the prior written permission of ZO in each instance, except to identify the products or services of ZO. 

ZO retains all rights to all Site Content, including, but not limited to, its trademarks, copyrighted materials, photographs, images, product formulas, labels, and packaging displayed on the Sites as well as on any ZO products that you may purchase through the Sites. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by ZO.

You agree not to download, display, or use any Site Content for any commercial purpose. You also agree not to download, display, or use any Site Content located on the Sites in connection with products or services that are not those of ZO or in any other manner likely to cause confusion among consumers, disparage or discredit ZO and/or its licensors, dilute the strength of ZO’s or its licensors’ property, or otherwise infringe ZO’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Site Content, User Generated Content (as defined below), or third-party content that appears on the Sites.

User Generated Content

The Sites may contain functionality and interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or share content or materials (collectively, “User Generated Content”) on or through the Sites. By posting User Generated Content, you represent and warrant that you own the rights to that content or otherwise have permission to post it and grant the rights described below. You also confirm that such content does not violate any laws or the rights of others, including rights related to privacy, publicity, copyright, trademark, patent, contract, or other legal protections (such as defamation or unfair competition).

Any User Generated Content you post to the Sites will be considered non-confidential and non-proprietary and may be viewed by other users of the Sites. By posting the such content on the Sites, you hereby grant to ZO a royalty-free, unrestricted, worldwide, perpetual, irrevocable, and fully transferable license to reproduce, distribute, copy, modify, publish, display, transmit, adapt, upload, create derivative works of, and/or post such content (in whole or in part) and incorporate it in other works in any media, form, or technology, and otherwise disclose to third parties any such material for any purpose. This license includes the right to host, index, cache, distribute, and tag any User Generated Content, as well as the right to sublicense User Generated Content to third parties for use on other media or platforms known or hereinafter developed.

User Generated Content does not reflect the opinion of ZO and solely reflects the opinions and views of the person or entity providing the User Generated Content. ZO makes no guarantee regarding the accuracy or completeness of any User Generated Content posted on the Sites, does not control or review User Generated Content, and makes no representations of any kind about User Generated Content, including no representations about its content or accuracy. 

ZO reserves the right in its sole discretion (but is not obligated) to review, modify, refuse, or remove any User Generated Content that in ZO’s judgment does not comply with these Terms of Use or is otherwise inappropriate, inaccurate or objectionable. ZO is not responsible for or liable for damages of any kind arising from any User Generated Content, even when ZO is advised of the possibility of such damages, or for ZO’s alteration or deletion of any User Generated Content.

Without limiting the foregoing, ZO retains the right to cooperate fully with any law enforcement authorities or court order requesting or directing ZO to disclose the identity or other information of anyone posting any materials on or through the Sites.

Site Content and Accuracy

The information presented on or through the Sites is made available solely for general information purposes. ZO reserves the right to update, amend or withdraw the Sites, and any services or materials ZO may provide on the Sites, in ZO’s sole discretion without notice. ZO does not guarantee the accuracy, completeness, or usefulness of any information provided on the Sites. Any reliance placed on such information is strictly at your own risk. ZO disclaims all liability and responsibility arising from any reliance placed on such materials. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. If any information on the Sites is incorrect, incomplete, or out of date, ZO is not bound by such information. ZO may have more accurate information than what is displayed on the Site, and information displayed on the Sites is not a waiver of ZO’s right to use more accurate information for any purposes. ZO will not be liable if, for any reason, all or any part of the Sites is unavailable at any time or for any period, or if information is removed from the Sites. ZO makes no claims that the Sites or any of their content are accessible or appropriate in every country.

Online Purchases and Other Terms and Conditions

ZO takes strict measures to ensure the protection of its consumers and control its supply chain. As such, ZO reserves the right, in our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. Additionally, ZO reserves the right, in our sole discretion, to refuse or cancel any order for any reason. ZO also reserves the right, in its sole discretion, to prohibit sales to dealers or resellers. “Reselling” is defined as purchasing or the intention to purchase any ZO product from the Sites for the purpose of engaging in a commercial sale of that product to a third party.

Third Party Websites

If the Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. ZO has no control over the contents of those sites or resources, accepts no responsibility for them, and has no liability for any loss or damage that may arise from your use of third-party sites. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. ZO encourages you to read these third-party sites’ policies before using them because ZO’s Terms of Use, Privacy Notice, and other policies do not govern third-party sites.

Consent to Electronic Communications and Transactions

Consistent with your choices and in compliance with applicable law, we will send you electronic communications from ZO. These communications may include notices about your account and information concerning or related to the Sites. You agree that any notices, agreements, disclosures, or other communications that ZO sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You also consent to the fact that any transaction or agreement undertaken on or through the Sites, including your agreement to these Terms of Use, is an electronic transaction or agreement.

Disclaimer of Warranties

YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZO NOR ANY PERSON ASSOCIATED WITH ZO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM THE SITE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF USE.

WITHOUT LIMITING THE FOREGOING, NEITHER ZO NOR ANYONE ASSOCIATED WITH ZO REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ZO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Depending on your country of residence, these disclaimers may not apply to you in full.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT WILL ZO, OR ANY OF ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE INFORMATION PRESENTED, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF ZO AND ITS AFFILIATES, RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS TWENTY-FIVE DOLLARS ($25).

Depending on your country of residence, these limitations may not apply to you in full.

Indemnification

You agree to defend, indemnify, and hold harmless ZO, its parents, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, your use of the Sites, your use of any information or Site Content obtained from the Sites, violations of the Terms of Use by your dependents, or which arises from the use of User Generated Content you posted or otherwise provided to ZO or the Sites. 

Dispute Resolution; Class Action Waiver; Jury Trial Waiver

YOU UNDERSTAND AND AGREE THAT THESE DISPUTE RESOLUTION TERMS APPLY TO ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ZO (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO YOUR USE OR ACCESS TO THE SITES.

DISPUTE NOTICE AND INFORMAL DISPUTE RESOLUTION. If a dispute should arise between you and ZO, ZO wants to provide you with a resolution that is efficient and cost effective. Before initiating an action, you and ZO each agree to first provide the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute can be (1) mailed to ZO Skin Health, Inc., 9685 Research Drive, Irvine, California 92618, United States of America, Attention: Legal Dept., or (2) emailed at legal@zoskinhealth.com. You and ZO agree to make attempts to resolve the dispute prior to commencing any legal action, including the filing of a lawsuit, until a 45-day post-notice resolution period expires. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or ZO may commence a lawsuit.

NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES (WHETHER BASED IN CONTRACT, STATUTE, TORT OR ANY OTHER THEORY) WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

ANY ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE CAUSE OF ACTION OR CLAIM ARISES.

WAIVER OF JURY TRIAL. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE RELATIONSHIP OF THE PARTIES.

Depending on your country of residence, these limitations and waivers may not apply to you in full.

General

Complete Agreement; No Waiver. These Terms of Use reflect our complete agreement regarding the Sites and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Sites. These Terms of Use do not alter any separate terms and conditions of any other written or online agreement between you and ZO. Except as expressly set forth in these Terms of Use, (a) no failure or delay by ZO in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy; and (b) no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by ZO.

Severability; Interpretation; Assignment. If any provision of these Terms of Use is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. ZO may assign its rights and obligations under these Terms of Use, in whole or in part, to any party at any time without any notice. These Terms of Use may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of ZO.

Force Majeure. ZO shall be not held liable for any delay or failure in performance of any part of these Terms of Use from any cause beyond ZO’s control and without our fault or negligence, such as acts of God, pandemics, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, acts or omissions of transportation or telecommunications common carriers, or acts, omissions, overloading, or slow-downs over the internet or any third party internet service providers.

Records. Except to the extent required by applicable law and as set forth in the Privacy Notice, ZO has no obligation to store, maintain, or provide to you with any information that you provide to us.

Investigations; Cooperation with Law Enforcement. ZO reserves the right to investigate and prosecute any suspected or actual violations of these Terms of Use. ZO may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.

Governing Law. All matters relating to the Sites and these Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  Depending on your country of residence, this section may not apply to you in full.

Klarna

If you choose to pay using Klarna, Klarna will provide specific payment terms. For further information or questions regarding your payment please visit Klarna’s website or contact Klarna’s customer service.

Contact Us

This website is operated by ZO Skin Health, Inc., headquartered at 9685 Research Drive, Irvine, California 92618, United States of America.

All notices of copyright infringement claims should be sent to ZO’s Legal Department via email to legal@zoskinhealth.com.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be submitted via the Contact Us Form, via email to customerservice@zoskinhealth.com, or via mail to 9685 Research Drive, Irvine, California 92618, United States of America.

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