Terms and Conditions

1. Acceptance of Terms

By creating an account, accessing or using the Services, completing an intake, submitting information, purchasing a product or service, or otherwise interacting with ElvaMD, you agree to these Terms and the ElvaMD Privacy Policy.

If you do not agree, do not use the Services.

2. Eligibility

You must be at least eighteen (18) years old, or the applicable age of majority in your jurisdiction, to use the Services.

By using ElvaMD, you represent that:

• You meet applicable age requirements;
• You have legal capacity to enter this agreement;
• Information you provide is accurate and complete;
• You are using the Services for yourself unless otherwise expressly authorized; and
• Your use complies with applicable law.

Availability of Services, treatments, medications, pharmacies, and healthcare providers may vary by state.

3. ElvaMD's Role

ElvaMD is a consumer-facing healthcare and telehealth brand that provides technology, administrative, commerce, and coordination services designed to facilitate access to healthcare-related services.

Through the Services, ElvaMD may facilitate access to:

• Licensed healthcare providers
• Medical groups
• Telehealth consultations
• Prescription treatment
• Pharmacies
• Laboratory testing
• Health assessments
• Wellness products
• Patient communications
• Payment processing
• Prescription fulfillment
• Shipping
• Other healthcare-related services

ElvaMD utilizes Telegra as a third-party telehealth infrastructure provider.

Telegra's platform may facilitate provider-network access, clinical workflows, prescribing infrastructure, pharmacy routing, patient-portal functionality, prescription fulfillment coordination, and related administrative services.

ElvaMD itself does not practice medicine, independently diagnose medical conditions, prescribe medication, or operate as the dispensing pharmacy.

Clinical services are provided by independent licensed healthcare professionals or medical groups responsible for the care they provide.

4. Telegra

ElvaMD works with Telegra to provide underlying telehealth infrastructure and related services.

Depending on the applicable treatment or service, Telegra may facilitate:

• Patient intake
• Eligibility workflows
• Provider access
• Clinical review
• Prescribing workflows
• Pharmacy routing
• Prescription fulfillment coordination
• Shipping and tracking
• Patient portal technology
• Administrative services
• Other healthcare infrastructure

Telegra is a separate third party.

Use of Telegra's infrastructure does not mean that Telegra itself is necessarily the healthcare provider or dispensing pharmacy involved in a particular transaction.

Specific healthcare providers, medical groups, and pharmacies may vary according to your location, treatment, licensing requirements, availability, and applicable law.

5. Independent Healthcare Providers

All diagnoses, medical advice, treatment recommendations, prescription decisions, laboratory interpretations, and other clinical decisions are made exclusively by licensed healthcare professionals responsible for your care.

Neither ElvaMD nor its non-clinical personnel control or interfere with independent medical judgment.

Use of the ElvaMD platform alone does not create a physician-patient relationship between you and ElvaMD.

A provider-patient relationship may be established between you and the independent provider or medical group that evaluates or treats you.

A provider may determine that:

• A requested treatment is inappropriate;
• More information is necessary;
• Laboratory testing is required;
• A synchronous consultation is required;
• An in-person evaluation is appropriate;
• You are not eligible for a medication;
• Another treatment is preferable; or
• No prescription should be issued.

Payment, completion of an intake, or requesting a specific medication does not guarantee that a prescription will be issued.

6. Not for Medical Emergencies

ELVAMD IS NOT AN EMERGENCY MEDICAL SERVICE.

Do not use the Services for an actual or suspected medical emergency.

If you believe you are experiencing a medical emergency, call 911 or seek immediate emergency medical attention.

7. Telehealth Services

Healthcare services facilitated through ElvaMD may be delivered using telehealth technology.

Telehealth may involve:

• Electronic questionnaires
• Secure messaging
• Telephone consultations
• Video consultations
• Photographs
• Laboratory information
• Electronic medical records
• Other electronic communications

Telehealth has potential benefits and limitations.

Limitations may include:

• Inability to perform a full physical examination;
• Technical interruptions;
• Incomplete information;
• Limitations on diagnostic testing;
• Privacy and cybersecurity risks;
• Circumstances in which in-person care is more appropriate.

A healthcare provider may determine that telehealth is not appropriate for your circumstances.

8. Accuracy of Medical Information

You agree to provide complete, truthful, accurate, and current information.

This includes information concerning:

• Medical conditions
• Medications
• Allergies
• Symptoms
• Health history
• Previous treatments
• Pregnancy status where relevant
• Laboratory results
• Other information requested by a provider

Providing incomplete or inaccurate medical information can create significant health risks.

9. Prescription Medications

Prescription medications are available only when prescribed by an appropriately licensed healthcare provider following a clinical evaluation.

Submitting an intake, requesting a medication, making payment, or previously using a medication does not guarantee that a prescription will be issued.

Providers retain independent clinical discretion.

You agree to use prescribed medications only according to instructions provided by the prescribing provider and dispensing pharmacy.

10. Pharmacy Services

ElvaMD does not itself dispense prescription medications.

Prescriptions issued through the Services may be routed through Telegra's telehealth and pharmacy infrastructure to one or more independent licensed pharmacies.

The dispensing pharmacy may vary depending on:

• Patient location
• Prescribed treatment
• Pharmacy licensing
• Medication availability
• Network participation
• Applicable law
• Operational requirements

Independent pharmacies are responsible for pharmacy services they provide, including:

• Prescription verification
• Preparation or compounding where applicable
• Dispensing
• Labeling
• Pharmacist consultation
• Fulfillment
• Shipping
• Pharmacy compliance
• Pharmacy recordkeeping

Where permitted by law, you authorize ElvaMD, Telegra, your healthcare provider, and participating pharmacies to transmit information reasonably necessary to process and fulfill your prescription.

11. Compounded Medications

Certain treatment options made available through the Services may involve compounded medications.

Compounded medications are prepared by licensed pharmacies for individual patients pursuant to applicable law and a valid prescription where required.

Compounded medications are not FDA-approved drugs, and the FDA does not review compounded medications for safety, effectiveness, or manufacturing quality in the same manner as FDA-approved products.

A healthcare provider is responsible for determining whether a compounded medication is clinically appropriate for you.

Availability of compounded medications may change based on applicable law, FDA policy, drug-shortage status, pharmacy availability, or other regulatory requirements.

12. Laboratory Services

Certain treatments may involve or require laboratory testing.

Laboratory services may be provided by independent clinical laboratories or authorized testing providers.

You authorize information reasonably necessary to coordinate testing, payment, results, and healthcare-provider review to be shared among ElvaMD, Telegra, participating healthcare providers, and the applicable laboratory.

Laboratory results should be interpreted by a qualified healthcare professional in the context of your individual circumstances.

13. Account Registration and Security

Certain Services may require an account.

You agree to:

• Provide accurate information;
• Maintain current information;
• Protect your account credentials;
• Not share your account with unauthorized persons;
• Notify us promptly of unauthorized access; and
• Accept responsibility for activity conducted through your account to the extent permitted by law.

14. Electronic Communications

By using the Services, you consent to receiving electronic communications concerning:

• Account activity
• Appointments
• Treatment
• Provider messages
• Prescriptions
• Laboratory testing
• Orders
• Shipping
• Billing
• Security
• Administrative matters

Communications may be delivered by:

• Email
• SMS
• Telephone
• Secure messaging
• Push notification
• Account notification

15. SMS/Text Messaging

If you provide a mobile telephone number and consent to text messaging, ElvaMD and parties acting on its behalf may send you messages concerning the Services.

Message and data rates may apply.

Message frequency may vary.

Consent to receive promotional SMS communications is not a condition of purchasing healthcare services.

You may opt out of promotional messages by replying STOP where applicable.

16. Fees and Payment

Prices and fees displayed through the Services are subject to change.

You agree to pay the amounts disclosed before completing a transaction.

You authorize ElvaMD and its payment processors to charge your selected payment method for applicable:

• Consultation fees
• Treatment fees
• Medication charges
• Laboratory fees
• Product charges
• Membership or subscription fees
• Shipping
• Taxes
• Other disclosed fees

17. Insurance

Unless expressly stated otherwise, Services may be offered on a cash-pay basis.

ElvaMD does not guarantee that any service, medication, laboratory test, or other expense will be reimbursable by:

• Health insurance
• Medicare
• Medicaid
• HSA
• FSA
• Other benefit plans

You are responsible for determining your eligibility for reimbursement.

18. Recurring Services and Subscriptions

Certain treatments, medications, memberships, or other Services may be offered on a recurring basis.

Before enrollment, material recurring terms will be disclosed, including pricing and billing frequency.

By enrolling in a recurring service, you authorize applicable recurring charges until cancellation.

Cancellation generally applies to future renewals and does not automatically reverse charges already incurred for services already provided or prescriptions already processed.

Where available, recurring Services may be canceled through your account or through the customer-support methods provided by ElvaMD.

19. Refills

Certain prescription treatments may involve recurring refill workflows.

Refills remain subject to:

• Continued clinical appropriateness
• Provider approval
• Required follow-up
• Laboratory requirements where applicable
• Payment
• Medication availability
• Applicable law

Enrollment in a recurring treatment program does not guarantee that a healthcare provider will approve every refill.

20. Shipping and Delivery

Estimated delivery times are estimates only.

Shipping or delivery may be affected by:

• Provider review
• Pharmacy processing
• Laboratory requirements
• Medication availability
• Carrier delays
• Weather
• Incorrect addresses
• Regulatory requirements
• Other circumstances outside ElvaMD's reasonable control

You are responsible for providing an accurate delivery address and retrieving delivered shipments promptly.

You are also responsible for complying with storage instructions supplied by the healthcare provider, dispensing pharmacy, or manufacturer.

21. Refunds and Cancellations

Refund eligibility depends on the nature and status of the product or service purchased.

Applicable law and pharmacy regulations generally restrict the return or resale of prescription medications after dispensing.

Fees associated with:

• Provider consultations
• Clinical reviews
• Laboratory testing
• Prescription processing
• Compounded medications
• Medications already prepared or dispensed
• Services already rendered

may be non-refundable.

Specific cancellation or refund terms presented during checkout are incorporated into these Terms.

Nothing in this section limits rights that cannot lawfully be waived.

22. Informational Content

Articles, graphics, videos, questionnaires, calculators, product descriptions, and other general content provided by ElvaMD are intended primarily for educational or informational purposes.

Unless specifically communicated to you by the licensed healthcare provider responsible for your care, such content is not individualized medical advice.

Do not disregard professional medical advice or delay seeking appropriate medical care because of general information provided through ElvaMD.

23. No Guarantee of Results

Healthcare outcomes vary by individual.

ElvaMD does not guarantee:

• Weight loss
• Hormonal outcomes
• Changes in laboratory values
• Hair growth
• Sexual-health outcomes
• Skin improvements
• Longevity outcomes
• Symptom resolution
• Any particular treatment result

Testimonials, reviews, or individual examples do not guarantee similar outcomes.

24. Prohibited Use

You may not:

• Use the Services unlawfully;
• Impersonate another person;
• Submit fraudulent or intentionally inaccurate information;
• Attempt to obtain prescription medications through deception;
• Obtain medication for another person without authorization;
• Resell prescription medication;
• Attempt unauthorized access to systems or accounts;
• Introduce malicious software;
• Circumvent security systems;
• Scrape protected content without authorization;
• Interfere with the Services;
• Violate intellectual-property rights;
• Use the Services for fraudulent, illegal, or abusive purposes.

25. Intellectual Property

ElvaMD's website, applications, branding, software, text, graphics, logos, videos, photographs, designs, interfaces, and other protected materials are owned by or licensed to ElvaMD.

Subject to these Terms, ElvaMD grants you a limited, personal, revocable, non-exclusive, non-transferable right to access and use the Services for their intended purpose.

No ownership rights are transferred to you.

26. Third-Party Services

The Services may involve independent parties including:

• Telegra
• Medical groups
• Healthcare providers
• Pharmacies
• Laboratories
• Payment processors
• Delivery companies
• Technology vendors

Such parties may maintain separate terms, privacy practices, licensing obligations, and professional responsibilities.

ElvaMD does not control every aspect of independently operated third-party services.

27. Suspension or Termination

ElvaMD may suspend or terminate access to the Services where reasonably necessary, including due to:

• Violation of these Terms
• Suspected fraud
• Security concerns
• Abuse of healthcare services
• Illegal activity
• Nonpayment
• Regulatory requirements
• Discontinuation of a Service

28. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, ELVAMD'S WEBSITE, TECHNOLOGY PLATFORM, AND NON-CLINICAL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ELVAMD DOES NOT GUARANTEE THAT ITS TECHNOLOGY WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Nothing in these Terms limits the independent professional obligations of licensed healthcare providers, pharmacies, or laboratories.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELVA MD LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE NON-CLINICAL PORTIONS OF THE SERVICES.

Nothing in these Terms limits liability that applicable law does not permit to be limited.

Independent healthcare providers remain responsible for the healthcare services they personally provide.

30. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Elva MD LLC and its affiliates, officers, employees, and agents from third-party claims arising from:

• Your unlawful use of the Services;
• Your material violation of these Terms;
• Fraudulent information submitted by you;
• Your infringement of another person's rights; or
• Your misuse of the Services.

31. Governing Law

Except where federal law applies or applicable state law requires otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

32. Dispute Resolution

Before bringing a formal legal claim against ElvaMD, you and ElvaMD agree to make reasonable efforts to resolve the dispute informally.

A party asserting a dispute should provide written notice describing the dispute and requested resolution and allow at least thirty (30) days for informal resolution.

Unless a separate arbitration agreement is presented to and accepted by you, unresolved disputes will be handled by courts having appropriate jurisdiction under applicable law.

Any future mandatory arbitration or venue provision should be separately reviewed for compliance with applicable California and federal law before implementation.

33. Severability

If a provision of these Terms is determined to be unlawful or unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions will continue in effect.

34. No Waiver

Failure by ElvaMD to enforce any provision does not waive its right to enforce that provision later.

35. Assignment

You may not assign your rights or obligations under these Terms without ElvaMD's written consent.

ElvaMD may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar lawful transaction.

36. Entire Agreement

These Terms, the ElvaMD Privacy Policy, and policies expressly incorporated into them constitute the agreement governing your use of the Services, except where separate agreements govern services provided by healthcare providers, medical groups, pharmacies, laboratories, Telegra, or other third parties.

37. Changes to These Terms

ElvaMD may periodically update these Terms.

When changes are made, the “Last Updated” date will be revised.

Where required by law, additional notice may be provided before material changes become effective.

38. Contact Information

Questions concerning these Terms may be directed to:

Elva MD LLC
1912 Pine St
Huntington Beach, CA 92648
United States

You may also contact ElvaMD through the customer-support methods provided on the ElvaMD website.

For medical questions, treatment concerns, or adverse reactions, contact the licensed healthcare provider responsible for your care.

For emergencies, call 911.