Terms of Service

1. Service Description

Elyvate is a technology platform that facilitates connections between patients and independent, licensed physicians for telehealth consultations. Elyvate also coordinates with licensed 503A compounding pharmacies to fulfill prescriptions issued by those independent physicians.

2. Compounded Medication Disclaimer

Medications dispensed through the Elyvate platform are compounded preparations prepared by licensed 503A compounding pharmacies. You acknowledge and agree that:

• Compounded medications are not FDA-approved drugs. The FDA has not evaluated these preparations for safety, effectiveness, or quality as finished drug products.
• The compounding pharmacies in our network are state-licensed and conduct independent third-party lot testing, but this is not equivalent to FDA drug approval.
• Results may vary. No outcome is guaranteed.
• You will receive compounded preparations only after a licensed physician has independently evaluated your health information and determined a prescription is appropriate for you.

3. Physician Independence

All prescribing decisions are made exclusively by licensed physicians affiliated with OpenLoop Health, our independent clinical partner. Elyvate does not influence, direct, or instruct physicians regarding any prescribing decision. A physician may decline to prescribe for any reason, and such decisions are final and not subject to override by Elyvate.

The physician-patient relationship is between you and the reviewing physician. Elyvate is not a party to that relationship and does not provide medical advice.

4. Eligibility

• You must be at least 18 years of age to use the Elyvate platform.
• You must be a resident of a U.S. state where our clinical partner is licensed to practice telehealth.
• You must provide accurate and complete health information during intake. Providing false health information may put your health at risk and constitutes a material breach of these Terms.

5. Subscription Terms

• Elyvate subscriptions are billed on a monthly basis at the rate displayed at time of checkout.
• Subscriptions renew automatically each month until cancelled.
• You may cancel your subscription at any time through your patient portal before your next billing date. Cancellation takes effect at the end of the current billing period.
• Prices are subject to change with 30 days notice.

6. Refund Policy

If a physician declines to prescribe following your intake review, you will not be charged, and any pending charges will be voided.

Once a prescription has been issued and your order has shipped from the compounding pharmacy, no refund will be issued. Due to the nature of compounded medications, we are unable to accept returns.

If your order was lost or damaged in transit, please contact support@elyvate.health within 7 days of the expected delivery date.

7. User Responsibilities

• You are responsible for providing accurate health information and keeping your account information current.
• You are responsible for following your prescribing physician's instructions for medication storage, reconstitution, and administration.
• You agree not to share, sell, or transfer prescribed medications to any other person.
• You agree to notify Elyvate and your care team of any adverse reactions.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Elyvate, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our platform, including but not limited to medical outcomes, medication effects, or physician prescribing decisions.

Elyvate's total liability for any claim arising out of these Terms shall not exceed the amount you paid to Elyvate in the 30 days prior to the claim.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Minnesota.

10. Contact

For legal inquiries regarding these Terms: