These Terms of Service ("Terms") govern your use of the EvokeMD website, platform and program services and any associated applications or communications ("Services"). By accessing the Services, creating an account, submitting an intake form or enrolling in a program, you agree to these Terms. If you do not agree, do not use the Services.
1. About EvokeMD
EvokeMD ("EvokeMD," "we," "us," "our") is a healthcare technology company. We connect patients with licensed healthcare providers affiliated with Elite Care Health ("Providers") who offer telehealth consultations and telehealth care for weight management, general wellness, healthy aging and sexual wellness.
EvokeMD is a technology platform. EvokeMD 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 licensed providers affiliated with Elite Care Health. Prescription medications are dispensed by Rx Ave Health, a licensed U.S. pharmacy.
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 EvokeMD'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 intakeYou join the waitlist or begin the intake form when available.
- Medical intakeYou complete a medical intake form providing your health history, medications, goals and other relevant information.
- Pre-qualificationBased on your intake responses, you are shown whether you appear to pre-qualify for care.
- Membership paymentIf you pre-qualify, you may enroll in a telehealth program by paying the program fee as described at enrollment.
- Provider reviewYour 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 fulfillmentIf 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 membership.
- Ongoing supportYou receive ongoing Provider support, messaging and care coordination through EvokeMD during your current program period.
- Follow-up check-insYou complete follow-up check-ins before additional treatment may be approved.
EvokeMD does not make prescribing decisions. All prescribing decisions are made by licensed Providers based on their independent medical judgment.
4. No guaranteed outcomes
Results vary by individual. No specific health outcomes, including but not limited to symptom relief, weight-management progress, wellness, energy levels or other metrics, are guaranteed.
No prescription is guaranteed as a result of completing an intake or enrolling in a program. 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 EvokeMD have not been evaluated by the Food and Drug Administration. These services are not intended to diagnose, treat, cure or prevent any disease.
5. Program and billing
EvokeMD's Services are offered through a telehealth program that includes medical review, provider support, messaging and prescription fulfillment when treatment is approved by a licensed provider. You are not purchasing medications or products separately. By enrolling:
- You authorize EvokeMD to charge your payment method for the program fee as disclosed at enrollment.
- Program fees are non-refundable once your intake has been submitted for Provider review, except as described in 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 cancel your program at any time. Cancellation takes effect at the end of your current program period; you retain access through that date. To cancel, submit a request through our Contact page.
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
EvokeMD'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.
EvokeMD 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 EvokeMD 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, EvokeMD, its officers, directors, employees, affiliated Providers, Rx Ave Health 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, Rx Ave Health preparation or treatment results
- 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 EvokeMD in the three (3) months preceding the claim.
11. Indemnification
You agree to indemnify, defend and hold harmless EvokeMD, its officers, directors, employees, affiliated Providers and Rx Ave Health 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 EvokeMD is legally established, 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 EvokeMD 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.
14. Contact
EvokeMD. Contact: our Contact page or email support@evokemd.com.
This page provides general information and is not medical advice.
