Terms of Service

1. Acceptance of Terms

1.1 By accessing, browsing, or using the MyCare MD website located at https://mycare.md or any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Services.

1.2 You must be at least eighteen (18) years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

1.3 You represent and warrant that all information you provide to MyCare MD, including but not limited to personal, medical, and payment information, is accurate, current, and complete. You agree to update such information promptly if it changes.

1.4 If you are using the Services on behalf of another individual, you represent that you have the legal authority to bind that individual to these Terms and that you accept these Terms on their behalf.

2. Description of Services

2.1 MyCare MD operates a telehealth technology platform that facilitates online medical consultations by connecting patients with licensed, independently practicing healthcare providers through the Beluga Health physician network.

2.2 Patients access their assigned healthcare provider through the MyCare MD telehealth patient portal. Through the portal, patients may receive medical consultations, health assessments, and, when deemed clinically appropriate by the treating provider, prescriptions for medications.

2.3 When a prescription is issued, it is dispensed and shipped by The Pharmacy Hub 2 LLC, a licensed pharmacy located at 2750 Bridge Way, Unit 180, Davie, FL 33314. The Pharmacy Hub 2 LLC operates independently and in accordance with all applicable federal and state pharmacy laws and regulations.

2.4 MyCare MD is a technology platform that facilitates access to healthcare services. MyCare MD does not itself practice medicine, provide medical advice, or render healthcare services. All medical decisions, including the decision to prescribe or not prescribe medications, are made solely by independently licensed healthcare providers exercising their professional medical judgment.

2.5 The Services are not intended to replace a primary care physician or an established patient-provider relationship. Users are encouraged to maintain relationships with their own healthcare providers and to use MyCare MD as a supplemental resource.

3. Telehealth Consent

3.1 By using the Services, you acknowledge and understand that telehealth consultations involve the delivery of healthcare services using electronic communications, information technology, or other technological means between a healthcare provider and a patient who are not in the same physical location.

3.2 You acknowledge that telehealth has inherent limitations compared to in-person medical visits. These limitations may include, but are not limited to, the inability to perform a physical examination, the potential for technology failures or interruptions, and the possibility that the provider may not have access to your complete medical history.

3.3 The Services are not a substitute for emergency medical care. If you are experiencing a medical emergency, a life-threatening condition, or any situation requiring immediate medical attention, you should call 911 or go to the nearest emergency room immediately. Do not rely on the Services for emergency or urgent care needs.

3.4 Healthcare providers may, in their sole professional judgment, determine that a telehealth consultation is not appropriate for your particular medical situation. In such cases, the provider may decline to provide treatment or may recommend that you seek in-person medical care.

3.5 By using the Services, you consent to receiving healthcare services via asynchronous communication (such as secure messaging and questionnaire-based consultations), synchronous communication (such as real-time video or audio consultations), or a combination of both, as determined appropriate by your healthcare provider.

3.6 You understand that, as with any medical treatment, there are potential risks associated with telehealth, including but not limited to misdiagnosis, delayed diagnosis, or adverse outcomes. You voluntarily assume these risks by choosing to use the Services.

4. User Accounts and Responsibilities

4.1 To access the Services, you must create a user account by providing accurate, current, and complete registration information. You agree to maintain and promptly update your account information to keep it accurate, current, and complete at all times.

4.2 You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to disclose your account credentials to any third party.

4.3 You must notify MyCare MD immediately at support@mycaremd.com or by calling 941-499-7686 if you become aware of or suspect any unauthorized access to or use of your account.

4.4 You may not share your account with any other person or allow any other individual to access or use your account. Each account is for a single individual user only. Any consultations, prescriptions, or services obtained through your account are intended exclusively for you.

4.5 You must provide truthful, accurate, and complete medical history, current health information, and information about all medications you are currently taking (including over-the-counter medications and supplements). Failure to provide accurate medical information may result in incorrect treatment, adverse health outcomes, or termination of your account.

4.6 You are responsible for all activity that occurs under your account, whether or not authorized by you, except to the extent that such activity results from MyCare MD's failure to maintain reasonable security measures.

5. Prescription Medications

5.1 The issuance of prescriptions is at the sole discretion of the licensed healthcare provider conducting your consultation. Providers make prescribing decisions based on their independent professional medical judgment, applicable medical guidelines, and the information you provide.

5.2 There is no guarantee that any consultation will result in a prescription. A consultation fee covers the provider's time and professional evaluation regardless of whether a prescription is issued.

5.3 All prescription medications are dispensed and shipped by The Pharmacy Hub 2 LLC (2750 Bridge Way, Unit 180, Davie, FL 33314), a licensed pharmacy operating in compliance with all applicable federal and state pharmacy laws and regulations. Dispensing, packaging, labeling, and shipping of medications are the responsibility of The Pharmacy Hub 2 LLC.

5.4 You agree to carefully follow all medication instructions provided by your healthcare provider and the dispensing pharmacy, including dosage, frequency, storage, and any applicable warnings. You agree to promptly report any adverse reactions, side effects, or unexpected symptoms to your healthcare provider and, if necessary, seek immediate medical attention.

5.5 Controlled substances, as defined by the U.S. Drug Enforcement Administration (DEA), are NOT prescribed through this platform under any circumstances.

5.6 MyCare MD, its affiliated healthcare providers, and The Pharmacy Hub 2 LLC reserve the right to refuse, cancel, or limit any consultation, prescription, or order if there is a concern regarding clinical safety, potential misuse, fraud, or any violation of applicable laws or these Terms.

5.7 You agree not to request medications for any person other than yourself and not to redistribute, resell, or share any medications obtained through the Services.

6. Payment and Billing

6.1 MyCare MD operates on a cash-pay model. Services are not billed to health insurance, Medicare, Medicaid, or any other third-party payer. You are solely responsible for the full cost of all Services.

6.2 All applicable fees, including consultation fees, medication costs, and shipping charges, will be clearly displayed to you prior to purchase. By completing a purchase, you agree to pay all fees associated with the Services you select.

6.3 Payments are processed through secure third-party payment processors. MyCare MD does not directly store your full payment card information. By providing payment information, you represent that you are authorized to use the payment method submitted.

6.4 You are responsible for all charges incurred under your account, including any applicable taxes. If a payment fails or is reversed, MyCare MD reserves the right to suspend your access to the Services until the outstanding balance is resolved.

6.5 Certain Services may be offered on a subscription basis with auto-renewal. All subscription terms, including pricing, billing frequency, and auto-renewal provisions, will be disclosed to you at the time of purchase. You may cancel a subscription in accordance with the cancellation procedures described at the time of enrollment.

6.6 Refunds are governed by the MyCare MD Refund Policy, which is available at mycare.md/legal/refund-policy. By using the Services, you agree to the terms of the Refund Policy as it exists at the time of your transaction.

7. Intellectual Property

7.1 All content, materials, text, graphics, images, logos, trademarks, service marks, trade names, software, and other intellectual property displayed on or made available through the MyCare MD website and platform (collectively, "MyCare MD Content") are the property of MyCare MD LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

7.2 You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any MyCare MD Content without the prior written consent of MyCare MD LLC, except as follows: (a) you may temporarily store copies in RAM incidental to your accessing and viewing the content; (b) you may store files that are automatically cached by your web browser for display enhancement purposes; and (c) you may print or download a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

7.3 If you submit or post any content through the Services, including but not limited to reviews, feedback, comments, or testimonials ("User Content"), you grant MyCare MD a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the operation and promotion of the Services.

7.4 You represent and warrant that you own or have the necessary rights and permissions to submit any User Content and that such content does not infringe the intellectual property rights or other rights of any third party.

8. Prohibited Conduct

By using the Services, you agree that you will not:

8.1 Misrepresent your identity, age, or any personal or medical information, or impersonate any other person or entity.

8.2 Use the Services for any unlawful, fraudulent, or unauthorized purpose, or in violation of any applicable local, state, national, or international law or regulation.

8.3 Attempt to obtain prescriptions, medications, or healthcare services through fraud, deception, misrepresentation, or manipulation of the consultation process.

8.4 Interfere with, disrupt, or attempt to gain unauthorized access to the platform, its servers, networks, databases, or any connected systems or security features.

8.5 Harass, threaten, intimidate, abuse, or defame any MyCare MD staff member, healthcare provider, pharmacy personnel, or other user of the Services.

8.6 Resell, redistribute, transfer, or share medications obtained through MyCare MD with any other individual.

8.7 Use any automated system, including but not limited to bots, scrapers, or spiders, to access the Services for any purpose without the prior written consent of MyCare MD.

8.8 Introduce any viruses, malware, trojan horses, worms, or other harmful or destructive code or material into the platform.

8.9 Use the Services to collect, harvest, or store personal information about other users without their express consent.

8.10 Violation of any of the above may result in immediate suspension or termination of your account and may be reported to the appropriate legal authorities.

9. Disclaimers

9.1 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 MYCARE MD DOES NOT GUARANTEE ANY SPECIFIC HEALTH OUTCOMES, MEDICAL RESULTS, OR THERAPEUTIC EFFECTS FROM THE USE OF THE SERVICES, CONSULTATIONS, OR MEDICATIONS.

9.3 THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL IN-PERSON MEDICAL CARE WHEN SUCH CARE IS MEDICALLY NECESSARY. USERS ARE SOLELY RESPONSIBLE FOR DETERMINING WHEN IN-PERSON CARE IS APPROPRIATE.

9.4 MYCARE MD IS A TECHNOLOGY PLATFORM AND IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, OMISSIONS, MEDICAL DECISIONS, DIAGNOSES, OR TREATMENT RECOMMENDATIONS OF INDEPENDENT HEALTHCARE PROVIDERS WHO DELIVER SERVICES THROUGH THE PLATFORM.

9.5 MYCARE MD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. MYCARE MD DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.

9.6 MYCARE MD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, OR EFFICACY OF ANY MEDICATIONS DISPENSED BY THE PHARMACY HUB 2 LLC OR ANY OTHER PHARMACY.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF MYCARE MD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO MYCARE MD FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

10.2 IN NO EVENT SHALL MYCARE MD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF MYCARE MD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 MYCARE MD SHALL NOT BE LIABLE FOR ANY DELAYS, ERRORS, OR FAILURES IN PHARMACY FULFILLMENT, MEDICATION DISPENSING, OR SHIPPING CAUSED BY THE PHARMACY HUB 2 LLC, THIRD-PARTY CARRIERS, OR CIRCUMSTANCES BEYOND MYCARE MD'S REASONABLE CONTROL.

10.4 MYCARE MD SHALL NOT BE LIABLE FOR ANY ADVERSE REACTIONS, SIDE EFFECTS, ALLERGIC REACTIONS, OR HEALTH COMPLICATIONS RESULTING FROM PRESCRIBED MEDICATIONS WHEN SUCH MEDICATIONS ARE USED AS DIRECTED BY THE PRESCRIBING HEALTHCARE PROVIDER AND THE DISPENSING PHARMACY.

10.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

11.1 You agree to indemnify, defend, and hold harmless MyCare MD LLC, its officers, directors, employees, agents, partners, affiliates, licensors, and service providers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

(a) Your use or misuse of the Services;

(b) Your violation of these Terms or any applicable law or regulation;

(c) Any inaccurate, misleading, or incomplete information you provide through the Services, including medical history and personal information;

(d) Your violation of any third-party rights, including intellectual property rights or privacy rights;

(e) Any dispute between you and a healthcare provider, pharmacy, or other third party arising from the Services.

11.2 MyCare MD reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of MyCare MD.

12. Governing Law and Dispute Resolution

12.1 These Terms and any disputes arising out of or relating to the Services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

12.2 Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the validity, interpretation, breach, or termination thereof, shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Sarasota County, Florida, before a single arbitrator.

12.3 The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.4 BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

12.5 Notwithstanding the foregoing, either party may bring an individual action in small claims court in Sarasota County, Florida, for disputes within the jurisdictional limits of that court.

12.6 Nothing in this Section shall prevent MyCare MD from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

13. Termination

13.1 MyCare MD reserves the right to suspend, restrict, or terminate your account and access to the Services, at any time, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or otherwise harmful conduct; (c) requests by law enforcement or government agencies; (d) extended periods of inactivity; or (e) technical or security issues.

13.2 You may close your account at any time by contacting MyCare MD at support@mycaremd.com or by calling 941-499-7686. Account closure does not relieve you of any obligation to pay outstanding fees or charges incurred prior to termination.

13.3 Upon termination of your account, your right to access and use the Services will immediately cease. MyCare MD may retain your information as required by law or for legitimate business purposes, including compliance with legal obligations, resolution of disputes, and enforcement of these Terms.

13.4 The following provisions shall survive the termination or expiration of these Terms: Section 7 (Intellectual Property), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Governing Law and Dispute Resolution), Section 15 (Severability), and any other provisions that by their nature are intended to survive termination.

14. Modifications to Terms

14.1 MyCare MD reserves the right to modify, amend, or update these Terms at any time and in its sole discretion. Updated Terms will be posted on the MyCare MD website with a revised "Last Updated" date at the top of the document.

14.2 Your continued use of the Services following the posting of revised Terms constitutes your acceptance of and agreement to the modified Terms. If you do not agree to the revised Terms, you must discontinue use of the Services immediately.

14.3 For material changes to these Terms that significantly affect your rights or obligations, MyCare MD will make reasonable efforts to notify you via email to the address associated with your account or through a prominent notice on the website. However, it is your responsibility to review these Terms periodically for changes.

15. Severability

15.1 If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, such finding shall not affect the validity, legality, or enforceability of any other provision of these Terms. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be severed, and the remaining provisions of these Terms shall continue in full force and effect.

16. Miscellaneous

16.1 Entire Agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and MyCare MD with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

16.2 Waiver. The failure of MyCare MD to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by MyCare MD.

16.3 Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of MyCare MD. MyCare MD may assign its rights and obligations under these Terms without restriction.

16.4 Force Majeure. MyCare MD shall not be liable for any failure or delay in the performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or telecommunications failures, cyberattacks, or disruptions to supply chains.

16.5 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly provided herein.

17. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: