Terms of Use

These Terms of Use govern your access to and use of the websites, online services, assessments, checkout flows, patient-facing technology, communications, and related non-clinical services provided by Efexia MD LLC d/b/a Efexia® (the “Company,” “we,” “our,” or “us”) (collectively, the “Services”). By accessing or using the Services, you agree to these Terms.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional disclosures, consents, or policies presented to you. If you do not agree, do not use the Services.

The Company provides a technology and administrative platform that may connect eligible users with independent or affiliated U.S.-licensed healthcare providers, licensed pharmacies, laboratories, and other healthcare service providers. Unless expressly identified otherwise, the Company is not a medical practice or pharmacy and does not itself diagnose, treat, prescribe, dispense, manufacture, or compound medication.

Clinical services are provided by licensed healthcare providers practicing through one or more affiliated or contracted medical practices. Pharmacy services are provided by appropriately licensed pharmacy partners. The identity of the applicable clinical practice, treating provider, and dispensing pharmacy will be disclosed as required by applicable law and during the applicable care or fulfillment process.

Prescription treatment is available only after evaluation by a licensed healthcare provider and only when the provider determines, in the provider’s independent professional judgment, that treatment is clinically appropriate and legally permitted.

You must be at least 18 years old, be a resident of the United States, be physically located in a jurisdiction in which the applicable provider is authorized to provide care at the time clinical services are rendered, and be able to form a legally binding contract. By using the Services, you represent that you meet these requirements and that all information you provide, including your identity, age, location, contact information, and health information, is accurate, current, and complete.

You may be asked to verify your identity, age, location, or other eligibility information. The Company or a healthcare provider may suspend or decline access to the Services if required information cannot be verified.

Access to at least some Services is offered in all 50 U.S. states through affiliated or contracted healthcare providers and pharmacy partners, subject to applicable law, provider licensure, pharmacy authorization, patient eligibility, clinical appropriateness, and operational availability.

Nationwide availability does not mean that every provider, treatment category, medication, dosage form, laboratory service, pharmacy, shipping method, or subscription option is available in every state. Availability may change without notice. A provider may require a synchronous video or telephone consultation, laboratory testing, medical records, an in-person examination, or other information before making a treatment decision.

The Services are not designed for medical emergencies. If you are experiencing a medical emergency, call 911 or seek emergency medical care immediately. Do not use the Services to communicate urgent or life-threatening symptoms.

The Company does not control or direct the independent clinical judgment of healthcare providers. Providers are solely responsible for evaluating patients, determining whether treatment is appropriate, issuing prescriptions, directing care, and providing clinical follow-up.

The Company does not control a pharmacy’s professional judgment, dispensing decisions, compounding decisions, labeling, counseling, fulfillment practices, or compliance obligations. A pharmacy may decline or delay fulfillment when legally or clinically required.

Your relationship with a healthcare provider or pharmacy may also be governed by separate notices, consents, policies, or terms provided by that provider, medical practice, or pharmacy.

Clinical care may be delivered through telehealth, including secure questionnaires, uploaded records or images, secure messaging, telephone calls, video visits, remote monitoring, or other legally permitted methods. In some circumstances, care may be provided asynchronously, meaning that the provider reviews submitted information without a simultaneous live interaction.

Telehealth and asynchronous care are not appropriate for every patient or condition. A provider may request additional information, require a live consultation or laboratory testing, decline treatment, discontinue treatment, or recommend in-person or emergency care. You must complete any state-specific telehealth informed consent presented to you before receiving clinical services.

Completing an assessment, creating an account, submitting payment information, or completing checkout does not create a guarantee of treatment or a prescription. A licensed healthcare provider must first provide an appropriate clinical evaluation and determine that treatment is clinically appropriate and permitted by applicable law.

No prescription or prescription medication will be issued, dispensed, or shipped before the required provider evaluation and issuance of a valid prescription by an authorized prescriber.

Certain products accessible through the Services require a valid prescription. Prescription medications are dispensed only by appropriately licensed pharmacy partners pursuant to a valid prescription issued after an appropriate provider evaluation.

Some treatment plans may involve compounded medications when prescribed for an identified patient and permitted by applicable federal and state law. Compounded medications are not approved by the U.S. Food and Drug Administration (“FDA”), and the FDA does not review compounded medications for safety, effectiveness, or quality before they are marketed. A compounded medication is not an FDA-approved generic medication and should not be represented as identical or therapeutically equivalent to an FDA-approved product unless such a statement is legally authorized and substantiated.

Any reference on the Services to an active ingredient, brand-name medication, or commercially available medication is for identification or informational purposes and does not imply that a compounded product is FDA-approved, is a generic version of an FDA-approved product, or is equivalent to a branded product. Medication availability is subject to applicable law, pharmacy authorization, ingredient availability, patient-specific clinical need, and the provider’s independent judgment.

You agree to provide accurate, current, and complete health information through assessments, intake forms, uploads, laboratory results, and communications with providers. You must disclose relevant diagnoses, symptoms, allergies, medications, supplements, pregnancy status, medical history, and other information requested by your provider.

Providing inaccurate, incomplete, or misleading information may result in delayed or declined treatment, inappropriate treatment, suspension of access, or risks to your health. You agree to promptly notify your provider of material changes in your health or medications.

If you create an account, you are responsible for maintaining the confidentiality of your credentials and for activity under your account. You may not share your account, impersonate another person, create an account using false information, or submit health information on behalf of another person unless expressly authorized and legally permitted.

You agree to promptly notify us of suspected unauthorized account access or security incidents.

Prescription required. Treatment is not guaranteed. Your information is submitted for licensed provider review in connection with the checkout process. The prices, consultation fees, medication charges, shipping charges, taxes, recurring charges, and any other material fees applicable to your purchase will be disclosed before you authorize payment.

You authorize the Company and its payment processors to charge your selected payment method for the amounts disclosed to you. If a provider determines that prescription treatment is not clinically appropriate, amounts paid for medication that will not be dispensed will be handled according to the refund policy disclosed at checkout. Consultation, technology, administrative, laboratory, or other fees may be nonrefundable when clearly disclosed and permitted by law.

Once an approved prescription has been transmitted to a pharmacy or entered into fulfillment, prescription products may not be cancelable, returnable, or refundable except as required by law or expressly stated in the applicable refund policy. The refund and cancellation terms displayed at checkout are incorporated into these Terms.

Shipping and delivery estimates are not guarantees. Timing may vary based on provider review, pharmacy processing, product or ingredient availability, prescription clarification, address verification, carrier delays, weather, holidays, and applicable law.

Medications will be shipped only to locations where the dispensing pharmacy is authorized to dispense and ship the medication. You are responsible for providing a complete and accurate delivery address and for following storage, handling, and use instructions provided by the pharmacy or provider.

If a plan includes recurring billing, recurring clinical review, refills, or subscription services, the billing cadence, renewal terms, cancellation process, refill conditions, and applicable fees will be disclosed at checkout or in your account.

Recurring payment does not guarantee a prescription or refill. A provider may decline or modify treatment, require updated information, require laboratory testing or a consultation, or recommend alternative or in-person care. You may cancel recurring non-clinical services through the method disclosed at checkout or in your account, subject to any lawful cutoff periods for prescriptions already submitted for fulfillment.

Neither the Company nor any provider or pharmacy guarantees eligibility, treatment approval, issuance of a prescription, medication availability, a particular formulation or dose, shipping timing, or any specific clinical, cosmetic, or wellness outcome.

The Services do not guarantee weight loss, hair growth, improved energy, improved performance, hormone changes, laboratory results, symptom improvement, or any other result. Individual results vary, and all treatments involve potential risks, limitations, and alternatives that should be discussed with a licensed healthcare provider.

Except for communications from a licensed healthcare provider concerning your individual care, content available through the Services is provided for general informational and educational purposes. It is not medical advice, diagnosis, treatment, or a substitute for professional medical judgment.

Do not disregard or delay seeking professional medical advice because of information presented through the Services.

You agree not to misuse the Services. Prohibited conduct includes:

• submitting false, misleading, incomplete, or fraudulent information
• impersonating another person or misrepresenting your identity, age, location, medical history, or eligibility
• attempting to obtain medication for resale, diversion, misuse, sharing, or any unlawful purpose
• interfering with the security, availability, or integrity of the Services
• scraping, harvesting, copying, or using automated means to access the Services without permission
• reverse engineering or attempting to derive source code, architecture, or proprietary logic
• uploading viruses, malicious code, or harmful materials; and
• violating applicable law, third-party rights, or these Terms

The Services, including names, logos, graphics, product names, designs, software, workflows, and content, are owned by or licensed to the Company and may not be copied, modified, distributed, or used without written permission. All rights not expressly granted are reserved. Third-party names and trademarks remain the property of their respective owners.

The Services may link to or integrate with healthcare providers, medical practices, pharmacies, laboratories, payment processors, identity-verification vendors, shipping carriers, analytics providers, and other third parties. These third parties are responsible for their own services and may provide separate terms and privacy notices.

The Company seeks to work only with appropriately licensed and authorized partners. The inclusion of a third party does not constitute a guarantee regarding the availability of that third party or any specific service.

Your use of the Services is governed by our Privacy Policy. Clinical providers, medical practices, laboratories, and pharmacies may also provide separate privacy notices or Notices of Privacy Practices describing how they use and disclose protected health information.

The Company and its applicable partners will process personal and health information in accordance with applicable privacy and security laws. Sensitive information transmitted through the Services will be protected using reasonable administrative, technical, and physical safeguards, including encryption in transit where required by applicable law.

To the fullest extent permitted by law, the Company’s non-clinical Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, or course of dealing.

Nothing in this section disclaims or limits duties that cannot lawfully be disclaimed, including duties owed by licensed healthcare providers or pharmacies under applicable professional and consumer-protection laws.

To the fullest extent permitted by law, the Company and its officers, directors, employees, contractors, affiliates, licensors, and non-clinical service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, goodwill, or business opportunity, arising from use of or inability to use the Company’s non-clinical Services.

This limitation does not apply where prohibited by law and does not limit liability for professional negligence, willful misconduct, fraud, or other liability that cannot lawfully be limited.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, contractors, licensors, and non-clinical service providers from claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising from your unlawful use of the Services, material violation of these Terms, violation of third-party rights, or submission of fraudulent or intentionally misleading information.

We may modify, suspend, or discontinue portions of the Services when reasonably necessary. We may update these Terms from time to time. The updated Terms will be posted with a revised “Last updated” date. Where required by law, we will provide additional notice or obtain consent before material changes become effective.

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, except where applicable law requires otherwise. Any arbitration agreement, venue provision, class-action waiver, or other dispute-resolution requirement should be inserted here only after review by qualified legal counsel and must comply with applicable law.

Subject to the qualifications and limitations in Section 5, access to at least some Services is offered in each of the following 50 states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

You must be physically located in the applicable state at the time clinical services are provided. The treating provider must be authorized to practice in that state, and the dispensing pharmacy must be authorized to dispense and ship the prescribed medication to that state. Not every treatment, medication, provider, pharmacy, or fulfillment option is available in every listed state.

• The Company is not a pharmacy, drug manufacturer, outsourcing facility, or compounding facility unless expressly identified otherwise
• Prescription treatment is provided only when clinically appropriate after an evaluation by a licensed healthcare provider
• Clinical services are provided through affiliated or contracted medical practices and licensed healthcare providers. Provider availability varies by state, treatment category, and patient eligibility
• Prescription medication is dispensed by an appropriately licensed pharmacy pursuant to a valid prescription
• Compounded medications, when prescribed, are not FDA-approved and are not reviewed by the FDA for safety, effectiveness, or quality before marketing
• Final treatment, formulation, dose, pharmacy, and pricing may vary based on provider review, patient-specific needs, pharmacy availability, and applicable law
• Product imagery is illustrative and does not imply that the Company manufactures, compounds, dispenses, or physically fulfills medication. Actual packaging and pharmacy labeling may differ
• In an emergency, call 911 or seek immediate emergency care

Questions about these Terms may be directed to:

Efexia MD LLC

8290 Cedar Grove RD Cross Plains, TN 37049

support@efexiamd.com

(260) 466 8194