POWFIT MD — Terms of Service (powfitmd.com)

Pre-launch draft date: August 22, 2026

Working draft: This document is undergoing Pennsylvania healthcare-counsel review. It is not approved for patient enrollment or a clinical launch. Entity: Prisk Orthopaedics and Wellness, PC ("P.O.W., PC"), doing business as POWFIT MD

1. Acceptance of These Terms

These Terms of Service ("Terms") govern your use of the website powfitmd.com, the POWFIT MD patient portal, and related applications and communication tools (collectively, the "Platform"). By creating an account, purchasing a membership, or otherwise using the Platform, you agree to these Terms and to our Privacy Policy and Notice of Privacy Practices, which are incorporated by reference. If you do not agree, do not use the Platform.

2. Who We Are: Platform vs. Medical Care

The Platform is operated by Prisk Orthopaedics and Wellness, PC d/b/a POWFIT MD (the "Practice"), a physician-owned Pennsylvania professional entity. All medical services — evaluations, diagnoses, treatment plans, prescriptions, and clinical follow-up (collectively, "Medical Services") — are provided exclusively by the Practice's licensed clinicians, including Victor Prisk, MD (Medical Director, board-certified orthopaedic surgeon) and Elizabeth Headlee, CRNP (who practices pursuant to a written collaborative agreement with a Pennsylvania physician, as required by Pennsylvania law).

The Platform itself — the website, portal, scheduling, messaging, billing, and any enabled administrative tools — is a technology and administrative layer. Using the website, browsing content, or using an administrative help feature does not create a clinician–patient relationship. A clinician–patient relationship is formed only when a licensed POWFIT MD clinician accepts you as a patient and conducts an initial clinical evaluation.

3. Eligibility

To use the Medical Services you must:

• Be at least 18 years of age. The Practice does not treat minors through the Platform.
• Be physically located in Pennsylvania at the time of each telehealth visit. At launch, POWFIT MD serves patients located in Pennsylvania (Pittsburgh metro focus, with an in-person option in the Monroeville area). We may add other states over time; service availability is shown at checkout.
• Provide accurate, current, and complete information about your identity, location, and health history. Providing false identity, age, or location information is grounds for immediate termination and may endanger your health.

We may require government-ID verification before or during onboarding. You agree to complete identity verification when asked.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to: (a) use a strong, unique password; (b) enable multi-factor authentication where offered; (c) not share your account or allow anyone else to attend visits or receive care through it; and (d) notify us promptly at the contact address in Section 21 if you suspect unauthorized access. Accounts are personal to one patient; household or shared accounts are not permitted.

5. Description of Services

POWFIT MD is a physician-led telehealth clinic with a hybrid in-person option. Current service lines include:

1. Men's hormone optimization / testosterone replacement therapy (TRT)
2. Women's hormone therapy — perimenopause and menopause care
3. Medical weight loss
4. Aesthetics and wellness (e.g., hair loss, skin, sexual health), where clinically appropriate

Unresolved draft scope: These Terms do not yet contain counsel-approved terms for a standalone Performance Panel/lab-only service or a separately described sexual-health offering. Those purchase and enrollment paths must remain unavailable until the final Terms state the exact service, clinical relationship, fee, refund, abnormal-result follow-up, and billing disclosures.

Services are delivered through scheduled telehealth visits (real-time audio-video), asynchronous portal messaging where clinically appropriate, periodic laboratory testing, and, where required or preferred, in-person visits at our affiliated Pittsburgh-area clinic location. Telehealth care in Pennsylvania is held to the same standard of care as in-person care; some services or prescriptions require an in-person examination, and our clinicians decide when that applies.

Not for emergencies. The Platform is not for urgent or emergency care. If you are experiencing a medical emergency, call 911. If you are in crisis, call or text 988.

6. The Clinical Relationship; Telehealth Consent

Before your first visit you will be asked to sign a separate telehealth informed consent describing the benefits, limitations, and alternatives of telehealth, consistent with Pennsylvania's Telemedicine Act (Act 42 of 2024) and Practice policy. Your clinician determines, in his or her sole professional judgment, whether telehealth is appropriate for your condition, whether an in-person examination is required, and what evaluation (including laboratory testing) is needed before any treatment is started.

7. No Guarantee of Prescription or Outcome

Purchasing a membership, completing an intake, or paying a visit fee does not entitle you to any medication or treatment. All prescribing decisions are made solely by licensed clinicians exercising independent medical judgment. Advertising or describing a product or medication on the Platform is informational only and is not an offer or promise to prescribe it. Clinicians may decline to prescribe, may require additional testing or an in-person exam, may prescribe an alternative, or may refer you elsewhere. Individual results vary; we make no guarantees regarding outcomes, symptom improvement, weight loss amounts, or laboratory values.

8. Controlled Substances Policy

Certain medications we may prescribe — including testosterone (Schedule III) and phentermine (Schedule IV) — are federally controlled substances. If a controlled substance is considered for you, you acknowledge and agree that:

• Prescriptions for controlled substances are transmitted only by electronic prescribing (EPCS) through our electronic health record system, as Pennsylvania law (Act 96 of 2018) requires. We do not issue paper, faxed, or PDF prescriptions for controlled substances absent a legally recognized exception.
• Your clinician will take a medical history and perform an appropriate examination before any controlled-substance prescription, which may require an in-person visit, and will query the Pennsylvania Prescription Drug Monitoring Program (PDMP) as required by law.
• Quantities and refills are limited by law and clinical judgment (for example, CRNP-issued Schedule III/IV prescriptions are limited to a 90-day supply under Pennsylvania regulations).
• Early refills, replacement of lost or stolen medication, and transfers are handled per Practice policy and applicable law; requests may be declined.
• We may discontinue controlled-substance therapy at any time for safety, non-adherence, diversion concerns, missed monitoring labs or visits, or regulatory reasons.
• Federal telehealth prescribing rules for controlled substances are in flux; current federal flexibilities are extended through December 31, 2026, and program requirements (including any in-person requirements) may change with little notice. Continued therapy is contingent on then-current law.

9. Memberships, Billing, Cancellation, and Refunds

Plans and pricing (subject to change with notice):

Program	Monthly fee	Includes
Men's TRT membership	~$149/month	Clinical visits per protocol, periodic labs, portal messaging
Women's hormone therapy membership	~$129/month	Clinical visits per protocol and portal messaging; medication and labs separate unless checkout expressly states otherwise
Medical weight loss program	~$199/month	Program fee only — medication cost is separate
One-time initiation fee (TRT, HRT, and weight-loss memberships)	$99 (one-time, charged at enrollment)	Comprehensive intake visit, including an in-person examination where required; refundable under the new-member guarantee in (c) below
Aesthetics and wellness	A la carte pricing shown at checkout	Per-service; no initiation fee

Draft pricing hold: No standalone Performance Panel/lab-only or separate sexual-health price, refund rule, or checkout authority is approved by this table. Those paths remain closed pending the counsel decisions identified in Section 5.

• Billing. Memberships bill automatically each month (or on the cycle shown at checkout) to your payment method on file via our payment processor, Stripe. You authorize recurring charges until you cancel. Prices may change prospectively with at least 30 days' notice; changes never apply retroactively.
• Medication and lab costs. Unless a plan expressly includes them, medication costs (including compounded or brand medications dispensed by a qualified pharmacy) and out-of-plan lab work are separate and payable to the dispensing pharmacy, lab, or the Practice as applicable.
• Cash-pay practice. POWFIT MD memberships are cash-pay and are not health insurance. We do not bill your insurance for membership services. You may be able to use HSA/FSA funds for eligible services; consult your plan administrator.
• Cancellation. You may cancel any time through the portal or by written notice. Cancellation takes effect at the end of the current paid billing period; you retain access through that date. We do not charge cancellation fees.
• Refund policy. (a) Amounts for billing periods already ended are non-refundable. (b) If you cancel mid-period, the current period is not pro-rated except as stated in (c)–(d). (c) New-member guarantee: if you cancel before your first clinical visit is completed, we will refund your first membership payment and the $99 initiation fee in full, less any completed lab draw costs. (d) If the Practice declines to accept you as a patient or determines our services are not clinically appropriate for you, we will refund fees paid for services not rendered. (e) Dispensed medications — including compounded medications prepared for you specifically — are non-refundable and non-returnable, consistent with pharmacy law and safety practice. (f) Duplicate or erroneous charges will be corrected promptly.

10. Pharmacy Fulfillment

You have the right to use any qualified pharmacy of your choice. Tell your clinician your selection and we will route an issued prescription through an approved, legally permitted channel, subject to that pharmacy's licensure, delivery authority, product availability, and ability to fill it. The pharmacy — not the Practice or the Platform — is responsible for compounding, dispensing, labeling, and pharmacist counseling. Compounded drugs are prepared for an individual patient pursuant to a prescription and are not FDA-approved products. POWFIT MD does not offer a standard compounded GLP-1 program. Any patient-specific compounding exception requires a documented clinical need and confirmation that the prescription and pharmacy pathway are lawful.

11. Referral Program

From time to time we may offer a patient referral program. Unless the specific offer states otherwise:

• Credit mechanics. When a person you refer becomes a paying POWFIT MD member and remains an active member in good standing for at least sixty (60) days, you receive a non-transferable account credit (currently $25, as stated in the then-current program offer) applied to your next membership invoice. Credits apply to membership/program fees only — never to medications. Credits have no cash value, cannot be redeemed for cash or medications, and expire if your membership lapses.
• One credit per referred patient. A referred patient may be counted once, by one referrer. Self-referrals, duplicate accounts, and referrals of existing patients do not qualify.
• Not for licensed professionals or marketers. The program is for patients only. Physicians, other licensed healthcare professionals, and paid marketers are not eligible; Pennsylvania law prohibits paying licensees for patient referrals.
• Federal program exclusion. Referral credits are unavailable where any part of the referred patient's POWFIT MD-related care (including prescriptions or labs) would be billed to Medicare, Medicaid, or another federal healthcare program.
• FTC disclosure. If you promote your referral link publicly (social media, reviews, posts), the FTC's Endorsement Guides and Consumer Reviews and Testimonials Rule require you to clearly and conspicuously disclose that you receive a credit (e.g., "I get an account credit if you sign up"). Do not post fake, misleading, or AI-generated reviews.
• Revocation. We may withhold or claw back credits and terminate program participation for fraud, abuse, misleading promotion, or violation of these Terms, and may modify or end the program at any time prospectively.

12. Administrative Automation and Future AI Features

The current public website helper presents prewritten navigation and support choices. POWFIT MD does not currently enable a free-form patient-facing AI medical chatbot or an AI phone agent for the new Platform.

If an AI-assisted administrative feature is enabled later, we will disclose it before use and update the applicable privacy/consent materials. It will not provide medical advice, diagnosis, treatment selection, dosing, or prescribing; individual clinical questions will go to the care team; a human alternative will be available; and all required vendor, privacy, recording, retention, and consent controls must be complete. Never rely on an automated feature in an emergency—call 911.

Future call recording. Routine automated recording/transcription is not currently enabled for the new Platform. If it is introduced, callers will receive a separate notice and a non-recorded alternative, and the Practice will obtain the consent required before recording or AI processing begins.

13. Communications Consent

Providing a phone number or email does not by itself opt you into marketing. Transactional calls, texts, and emails are used only through channels enabled by the Practice and after the preferences or consent required for that channel are recorded. Marketing texts or automated marketing calls require a separate optional consent. When SMS is enabled, its disclosure will state message frequency, possible carrier charges, HELP/STOP instructions, and how to revoke consent. Unencrypted SMS and email carry privacy risks, so health details are kept to the minimum necessary.

14. Acceptable Use

You agree not to: (a) use the Platform for anyone other than yourself; (b) misrepresent your identity, age, location, or medical history; (c) seek prescriptions for diversion, resale, or non-medical use; (d) harass or abuse staff or clinicians; (e) probe, scrape, reverse engineer, or interfere with the Platform or its security; (f) upload malicious code or unlawful content; (g) infringe others' rights; or (h) use the Platform in violation of any law. We may suspend or terminate accounts for violations. If we terminate the clinical relationship, we will do so consistent with our professional obligations, including reasonable notice and support for continuity of care.

15. Intellectual Property

The Platform and all content we provide (text, graphics, logos, software, protocols, and the POWFIT MD name and marks) are owned by the Practice or its licensors and protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for your personal, non-commercial use as a patient or prospective patient. No other rights are granted. Feedback you submit may be used by us without obligation. Your medical records remain subject to your rights under HIPAA and Pennsylvania law, including your right to access copies.

16. Disclaimers

EXCEPT AS EXPRESSLY STATED, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NOTHING IN THIS SECTION LIMITS OR DISCLAIMS DUTIES THAT LICENSED CLINICIANS OWE PATIENTS UNDER APPLICABLE PROFESSIONAL STANDARDS, WHICH CANNOT BE WAIVED BY CONTRACT.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRACTICE AND ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE PLATFORM (AS DISTINCT FROM MEDICAL SERVICES), AND OUR AGGREGATE LIABILITY FOR PLATFORM-RELATED CLAIMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE. THIS SECTION DOES NOT APPLY TO, AND DOES NOT LIMIT, CLAIMS ARISING FROM MEDICAL SERVICES OR PROFESSIONAL NEGLIGENCE, nor any liability that cannot be limited under Pennsylvania law.

18. Indemnification

You agree to indemnify and hold harmless the Practice and its personnel from claims and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misrepresentation of identity, age, location, or health information, or your unlawful use of the Platform.

19. Governing Law; Dispute Resolution

Counsel decision required — no dispute-resolution provision is approved in this working draft. Counsel must decide whether the final Terms adopt arbitration or court venue and, if arbitration is selected, supply the exact administrator, fees, carve-outs, notice address, and opt-out procedure. This placeholder grants no arbitration, class-waiver, jury-waiver, or venue term and must be replaced before the Terms can be approved.

20. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via the portal or email at least 30 days before taking effect where practicable. Continued use after the effective date constitutes acceptance. The version date at the top controls.

21. Miscellaneous; Contact

If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a reorganization or sale consistent with law. These Terms, together with the Privacy Policy, Notice of Privacy Practices, telehealth consent, and any program-specific agreements, are the entire agreement regarding the Platform.

Contact: (412) 525-7692 or by mail to Prisk Orthopaedics and Wellness, PC d/b/a POWFIT MD, Attn: Legal/Compliance, 2490 Mosside Blvd., Monroeville, PA 15146.