Text Messaging Terms and Conditions
Last updated: August 22, 2025
Please read these Text Messaging Terms & Conditions (“Terms”) carefully. By signing up for one or more text message programs (“Programs”), or by submitting your telephone number, or otherwise agreeing to receive text messages from or on behalf of ZO Skin Health, Inc. (“ZO”), you agree to be bound by these Terms, ZO’s Terms of Use, and any other applicable terms related to your use of ZO’s services.
PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION BELOW.
By using, taking part in, and/or opting in to one or more Programs, you expressly consent to receive recurring marketing and/or non-marketing text messages from ZO and any and all others texting on ZO’s behalf, including, but not limited to, its service partners, including text messages which may be sent using an automatic telephone dialing system (“ATDS”) and/or any other type of systems, software, hardware, technology, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or process for sending messages, at the mobile telephone number associated with your opt-in. You may optout of these communications at any time, and your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services. By joining the Program you certify that (1) you are the age of majority in the jurisdiction in which you reside, (2) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number), and (3) you agree to the practices described in these Terms.
Program Descriptions
As set forth above, ZO and/or its service providers and others may use an auto dialer and/or related systems to deliver text messages (including, but not limited to, SMS and MMS) to the phone number(s) that you provide. Text messaging may include one-time or recurring texts related to, but not limited to, the following Programs:
Marketing Programs: By opting into a ZO Marketing Program, you can expect to receive recurring marketing, promotional, advertising, informational, and other similar messages regarding sales and other offers in varying frequencies at the mobile telephone number provided when opting in.
How to Opt In
To opt in to a Program, please follow the instructions provided by the specific Program you wish to enroll in, such as through online enrollment forms or by texting a keyword to the five-digit short code associated with the Program (the “Short Code”), and completing the sign-up instructions found in the text message received. Upon your request to opt-in to a recurring Program, you receive two (2) text messages as part of the process confirming your desire to opt into the Program (an opt-in request message and a sign-up confirmation message).
How to Opt Out
If you do not wish to continue participating in any Program, or no longer agree to these Terms, text the applicable Short Code or directly reply to any message received from a Program with STOP to opt out of that Program at any time. You may receive an additional mobile message confirming your decision to opt out.
Message Frequency
Message frequency may vary depending on your interactions with ZO.
Costs
Message and data rates may apply. Please check with your mobile carrier for details about your pricing plan and the charges for sending and receiving text messages. You are solely responsible for any costs related to or associated with your receipt of text messages, as set forth more fully in these Terms.
Supported Carriers
Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. ZO, its service providers, and the mobile carriers supported by the Programs are not liable for delayed or undelivered messages.
Support
To request more information, text the keyword HELP to the Short Code for the Program about which you have questions. Text “INFO” for contact information of the sender, which is ZO Skin Health Inc., and can be reached at 9685 Research Drive, Irvine, California 92618, United States of America.
Access or Delivery to Mobile Network is Not Guaranteed
The Programs are offered on an “as-is” basis and may not always be available in all areas and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. ZO will not be liable for any delays or failures in the receipt of any mobile messages connected with any Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control.
Duty to Notify and Indemnify
If at any time, you intend to stop using the mobile telephone number that you have used to opt-in or enroll in any Program(s), including but not limited to, canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the opt-out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms.
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD ZO HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY ZO OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227) ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM ZO ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Privacy
If you reside in the United Kingdom, the European Economic Area, or Switzerland, you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with our International Privacy Notice. If you reside anywhere other than the United Kingdom, the European Economic Area, or Switzerland (including if you reside in the United States or Canada), you consent to the collection, use, retention, disclosure and deletion of your personal information in accordance with our Privacy Notice. For purposes of this Program, we will collect certain personal information about you, including your mobile phone number and name. Your information may be disclosed to a vendor that administers the Program.
Governing Law
These Terms shall be governed by the laws of the State of California, without reference to conflict of laws principles. Any suit to enforce these Terms shall be brought exclusively in the State and U.S. District Courts located in Orange County, California and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
Dispute Resolution
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 THESE TERMS.
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 OR THE RELATIONSHIP OF THE PARTIES.
Depending on your country of residence, these limitations and waivers may not apply to you in full.
Miscellaneous
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of any Program shall be subject to these Terms unless explicitly stated otherwise in writing.
ZO reserves the right to change these Terms from time to time without notice, and in its sole discretion. If ZO decides to change these Terms, ZO will post a new version on www.zoskinhealth.com or www.zoskinhealth.ca and update the date set forth above.
ANY CHANGES OR MODIFICATIONS TO THESE TERMS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.
Contact Us
All other feedback, comments, requests for technical support, and other communications relating to the Program 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.