These Terms of Service ("Terms") govern your use of the Elyvant Health website and telehealth services and any associated applications or communications ("Services"). By accessing the Services, creating an account, submitting an intake form or enrolling in a service, you agree to these Terms. If you do not agree, do not use the Services.
1. About Elyvant Health
Elyvant Health ("Elyvant," "we," "us," "our") is a healthcare technology company. We connect patients with independent, licensed healthcare providers ("Providers") who offer telehealth consultations and provider-guided telehealth care, including weight management, peptide therapy and sexual health support.
Elyvant is a technology platform. Elyvant is not a licensed medical provider, pharmacy or pharmaceutical manufacturer. Clinical decisions, including whether to prescribe a medication and at what dosage, are made solely by independent licensed Providers. Clinical care is provided by Elite Care Health (mayur@elite-care.health, (810) 348-3003). Pharmacy services and prescription fulfillment are provided by Rx Ave Health (info@rxave.health, (833) 360-4276).
2. Eligibility
To use the Services, you must:
- Be at least 18 years of age
- Be a resident of the United States in a state where Elyvant's affiliated Providers are licensed to practice
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from receiving telehealth services under applicable law
By using the Services, you represent that you meet these eligibility requirements. We reserve the right to terminate accounts that do not meet eligibility criteria.
3. How it works
- Waitlist or intake
- You join the waitlist or begin the intake form when available.
- Medical intake
- You complete a medical intake form providing your health history, medications, goals and other relevant information.
- Pre-qualification
- Based on your intake responses, you are shown whether you appear to pre-qualify for care.
- Service payment
- If you appear eligible, you may review the available service terms before deciding whether to proceed.
- Provider review
- Your intake is sent to a licensed Provider for medical review. The Provider determines, in their sole clinical judgment, whether treatment is appropriate. Prescriptions are not guaranteed.
- Prescription and fulfillment
- If the Provider approves treatment, the prescription is sent to Rx Ave Health, a licensed U.S. pharmacy, which fulfills and ships the approved treatment directly to you as part of your service.
- Ongoing support
- You receive ongoing Provider support, messaging and care coordination through Elyvant during your service period.
- Follow-up check-ins
- You complete follow-up check-ins before additional treatment may be approved.
Elyvant does not make prescribing decisions. All prescribing decisions are made by licensed Providers based on their independent medical judgment.
4. No guaranteed outcomes
Individual experiences vary. No specific health outcome, symptom change or body-composition change is guaranteed.
No prescription is guaranteed as a result of completing an intake or enrolling in a service. If a Provider determines that a treatment is not appropriate for you, you will not receive a prescription, and refund eligibility will be governed by our Cancellation & Refund Policy.
Statements about treatments available through Elyvant have not been evaluated by the Food and Drug Administration. These services are not intended to diagnose, treat, cure or prevent any disease.
5. Services and billing
Elyvant’s Services may include medical review, provider review, care coordination and treatment fulfillment if treatment is approved by a licensed Provider. You are not purchasing medications or products separately. By enrolling:
- You authorize Elyvant to charge your payment method only for fees clearly disclosed before you approve payment.
- Any refund eligibility is governed by the terms displayed before purchase and our Cancellation & Refund Policy.
- You are responsible for maintaining accurate payment information.
- Prices are subject to change with reasonable advance notice.
6. Cancellation
You may request cancellation according to the terms presented at enrollment. Contact information will be published here before paid enrollment is available.
For complete details on refund eligibility, medication return policy and billing disputes, see our Cancellation & Refund Policy.
7. Your responsibilities
You agree to:
- Provide accurate and complete health information in your intake form and during consultations. Withholding or misrepresenting health information may result in inappropriate clinical recommendations and is your sole responsibility.
- Use the Services only for your own care.
- Not share your account credentials.
- Not use the Services if you are experiencing a medical emergency (call 911 or go to your nearest emergency room).
- Comply with all applicable laws and the instructions of your treating Provider.
8. Medical disclaimer and emergency notice
Elyvant's Services are not for medical emergencies. If you are experiencing a medical emergency, including chest pain, difficulty breathing, stroke symptoms, severe bleeding or thoughts of harming yourself or others, call 911 immediately or go to the nearest emergency room.
Elyvant does not provide primary care, emergency care or urgent care services.
9. Intellectual property
All content, trademarks, designs, software, workflows and materials provided through the Services are owned by or licensed to Elyvant Health and are protected by applicable intellectual property laws. You may not reproduce, distribute or create derivative works without our written permission.
10. Limitation of liability
To the fullest extent permitted by applicable law, Elyvant Health, its officers, directors, employees, affiliated Providers, pharmacy partners and technology vendors shall not be liable for:
- Any indirect, incidental, special, consequential or punitive damages
- Loss of data, revenue, profits or goodwill
- Outcomes related to Provider clinical decisions, pharmacy preparation or treatment outcomes
- Technical failures, delays or service interruptions
Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the amount you paid to Elyvant in the three (3) months preceding the claim.
11. Indemnification
You agree to indemnify, defend and hold harmless Elyvant Health, its officers, directors, employees, affiliated Providers and pharmacy partners from and against any claims, liabilities, damages or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) inaccurate or incomplete health information you provided; or (d) your violation of any applicable law.
12. Governing law and dispute resolution
These Terms are governed by the laws of the state in which Elyvant Health maintains its principal place of business, without regard to conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
You waive your right to participate in a class action lawsuit or class-wide arbitration. You and Elyvant agree to bring claims only in your individual capacity.
Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
13. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date and notify you by email if the changes are material. Continued use of the Services after changes take effect constitutes your acceptance of the revised Terms.