MDLive
Weighted across nine legal categories. Lower is worse.
Executive summary
MDLive’s Terms of Use establish a clear scope for its telehealth intermediary platform and correctly avoid claiming ownership over user-generated content. However, the agreement contains several high-risk provisions, including unilateral account revocation, modification without notice, and an exclusive Delaware litigation venue that burdens consumers.
Category breakdown
3 of the nine categories are not addressed by this document, so they are left out rather than scored.
Acceptance of Terms & Scope
Contract formation and service boundaries
The scope is narrowly and clearly defined to MD Live’s digital properties, but the document relies on implied consent through use rather than specifying an explicit acceptance mechanism like clickwrap.
Key findings
- Scope limited to MD Live websites and apps
- No explicit clickwrap or browsewrap mechanism described
- Independent provider status clearly disclosed
Evidence from the document
These Site Specific Terms of Use (“Terms of Use”) govern your use of MD Live, an Evernorth company, online interfaces and properties...
Recommendations
- Add a prominent clickwrap acknowledgment step during registration
- Provide a plain-language summary of key obligations
User Accounts
Registration, suspension, and termination
The company reserves the unilateral right to revoke account access “at any time with or without cause” without providing notice, a cure period, or an appeals process, leaving consumers vulnerable to abrupt loss of service.
Key findings
- Unilateral revocation without cause permitted
- No notice or cure period specified
- User bears full responsibility for account activity
Evidence from the document
Your access to the Site may be revoked by MD Live at any time with or without cause.
Recommendations
- Implement graduated enforcement with written notice and a reasonable cure period
- Allow data export prior to termination and provide an appeals mechanism
Intellectual Property & UGC
Content ownership and licensing
Users retain full ownership of their submitted information, and the agreement does not claim a broad, perpetual, or commercial license over user-generated content. The platform only asserts rights over its own proprietary site content.
Key findings
- No platform ownership claim over user submissions
- Limited license granted only for personal/non-commercial use
- User warrants legal right to submit content
Evidence from the document
You represent and warrant to MD Live that you have the legal right and authorization to provide all User Information to us...
All rights not expressly granted to you in these Terms of Use are reserved and retained by MD Live...
Recommendations
- Clarify that a limited, revocable license is granted to MDLive solely for operating the telehealth service and storing records as required by healthcare regulations
Limitation of Liability
Risk allocation and legal protection
The company disclaims liability for medical advice and third-party content, which is contextually appropriate for a telehealth intermediary, but the language broadly excludes responsibility for “any other information obtained on the Site” without carving out gross negligence or willful misconduct.
Key findings
- Broad disclaimer for provider advice and site information
- No explicit carve-outs for gross negligence or statutory rights
- Focuses on intermediary role rather than blanket exclusion
Evidence from the document
Neither MDLIVE, nor any of its subsidiaries or affiliates... shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the Site.
Recommendations
- Narrow the disclaimer to specifically cover reliance on independent providers, add explicit carve-outs for gross negligence, willful misconduct, and non-waivable consumer protection laws
Modification of Terms
How agreements can be changed
The agreement permits MD Live to change or update information and terms “without notice,” granting the company unilateral modification rights without requiring advance notification or offering consumers a chance to review or reject changes.
Key findings
- Changes allowed without notice
- No version history or archive mentioned
- Retroactive application risk implied
Evidence from the document
Information contained on the Site may be changed or updated without notice.
Recommendations
- Require 14–30 days’ advance email or in-app notice for material changes, prohibit retroactive application to prepaid periods or accrued rights, and preserve version archives
Governing Law & Disputes
Jurisdiction and conflict resolution
All disputes must be litigated exclusively in Delaware state courts, forcing consumers located elsewhere to travel or hire local counsel, which significantly burdens access to justice.
Key findings
- Exclusive venue restricted to Delaware state courts
- Consumer forced to litigate far from home
- No arbitration or class action waivers present
Evidence from the document
Any claims or controversies arising out of these Terms and Conditions and/or the related use and access of the Site, the Services or any other MD Live site, shall be exclusively in the state courts in Delaware.
Recommendations
- Allow consumers to file suits in their county of residence, preserve small claims court access, and clarify that mandatory local consumer protection laws remain applicable despite the choice of law
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.