Terms of Service
Contents
1. Overview
Bidwell Health ("Bidwell Health," "we," "us," or "our") is an online telehealth platform providing focused adult telehealth services, including online visits for urinary tract infection (UTI), bacterial vaginosis (BV), yeast infection, erectile dysfunction (ED), male-pattern hair loss, eyelash growth, prior-diagnosis oral herpes/cold sores, prior-diagnosis genital herpes, stable non-controlled medication bridge refills, and travel medicine for adults (motion sickness, altitude sickness prevention, traveler's diarrhea standby antibiotics, malaria prevention, and epinephrine auto-injector refills). Our services are offered through bidwellhealth.com (the "Platform").
These Terms of Service ("Terms") govern your access to and use of the Platform, including all content, features, and services offered. By creating an account, submitting an intake form, or making a payment, you acknowledge that you have read, understood, and agree to be bound by these Terms, and acknowledge receipt of our Privacy Policy and our HIPAA Notice of Privacy Practices.
2. Eligibility
To use the Platform, you must meet all of the following requirements:
You must be at least 18 years of age. Bidwell Health does not provide care to anyone under 18 under any circumstances; You must be physically located in a state where a Bidwell Health clinician is currently licensed to practice at the time of your visit. Service is available only in the states shown as available on the Platform at the time of your visit, which are currently: Arizona (AZ), Colorado (CO), Connecticut (CT), Florida (FL), Iowa (IA), Maryland (MD), Montana (MT), New Mexico (NM), Utah (UT), Virginia (VA), and Washington (WA); You must be the patient seeking treatment for yourself. You may not submit an intake form or request a prescription on behalf of another individual; You must provide truthful, accurate, and complete information in all intake forms and account registration.
Bidwell Health reserves the right to refuse service to any individual who does not meet the above eligibility criteria or for any other reason at our sole discretion.
3. Nature of Services
Bidwell Health provides online, store-and-forward telehealth services. This means you submit your medical intake information electronically and a licensed clinician reviews your case and responds without a real-time video or phone consultation.
The scope of our services is limited to the supported online visit types currently offered on the Platform, including UTI, BV, yeast infection, ED, male-pattern hair loss, eyelash growth, prior-diagnosis oral herpes/cold sores, prior-diagnosis genital herpes, stable non-controlled medication bridge refills, and travel medicine for adults (motion sickness, altitude sickness prevention, traveler's diarrhea standby antibiotics, malaria prevention, and epinephrine auto-injector refills). For travel medicine, we prescribe only what is appropriate for an asynchronous online visit and refer out vaccines and anything requiring in-person evaluation; Our services are NOT intended for emergency care. If you are experiencing a medical emergency, call 911 or go to your nearest emergency room immediately; Submitting an intake form does not guarantee that treatment or a prescription will be provided. If the provider determines you are not a candidate for treatment through our platform, you will receive a full refund of your visit fee; When clinically appropriate, prescriptions are sent electronically to the pharmacy of your choice; The cost of prescription medications is separate from the visit fee and is your responsibility.
Payment of the visit fee purchases a clinical assessment. It does not by itself create a clinician patient relationship, and it does not obligate any clinician to accept your case. A clinician patient relationship is formed only when a Bidwell Health clinician reviews your submission and affirmatively accepts you as a patient, and it is limited in scope to the condition addressed in that visit and to follow-up messaging about that visit. If no clinician accepts your case, no clinician patient relationship is created and your visit fee is refunded. Bidwell Health does not provide primary care, ongoing care management, routine care coordination with your other providers, after hours coverage, or on call services, and no clinician is available for urgent or emergent needs at any time. This does not limit what the law requires or what you ask us to do: we will send a copy of your visit record to your primary care provider or another clinician when you ask us to, when the law of your state requires us to offer or make that disclosure, or when it is needed for an appropriate referral or transfer of your care. You may request your records at any time.
Bidwell Health does not prescribe controlled substances of any schedule under any circumstances, and no clinician will do so regardless of your history, your prior prescriptions, or your request. This includes opioids, benzodiazepines, stimulants, sedative hypnotics, tramadol, and any medication that is scheduled federally or by your state. You represent that you are not seeking a controlled substance and that any medication you identify in your intake is accurately described. A request for a controlled substance will be declined and the visit fee refunded.
Care is provided by clinicians licensed in the state where you are located at the time of your visit, in accordance with the applicable standard of care for asynchronous telehealth in that state. Because you must be physically located in a licensed state at the time of your visit, we cannot provide care, answer clinical questions, or refill a prescription while you are outside those states, including while travelling internationally. Prescriptions are transmitted to the pharmacy you select. Bidwell Health does not dispense, compound, or sell medication, does not control pharmacy pricing, stock, or substitution, and is not responsible for a pharmacy's acts or omissions, its wait times, or its refusal to fill.
Your use of the Platform is also governed by our Consent to Telehealth, which describes the benefits and the limits of receiving care this way and which is incorporated into these Terms by reference.
Follow-up messaging for every visit type. Each completed visit includes 21 days of follow-up messaging about the condition addressed in that visit. The period starts when we first confirm delivery of your care-summary notification email or you first open the completed care summary in your portal, whichever happens first. You do not need to open or read the email for the period to start. Later views, messages or prescription-record updates do not restart the period. When messaging ends, further clinical care requires a new $45 visit. Your visit records, prescriptions, instructions and previous messages remain available to read. Previously completed visits newly covered by this policy receive a one-time 21-day transition; your portal shows the end date. This window is not a promise of a prescription, unlimited treatment or emergency care, and it does not change authorized pharmacy refills.
4. Fees and Payment
Bidwell Health charges a flat fee of $45 for an online visit. From time to time we may offer promotional or referral codes that reduce this fee, and the price shown to you at checkout before you submit payment is the price you will be charged. There are no subscriptions, no memberships, no recurring charges, and no automatic renewals of any kind. We will never charge you again without a new visit that you submit and pay for. Payment is collected at the time of intake form submission and processed securely through our payment processor, which is PCI DSS Level 1 certified.
Bidwell Health does not accept insurance. All visits are self-pay; The current visit fee covers the provider's review of your intake form, clinical assessment, diagnosis, and treatment plan. It does not include the cost of any prescribed medications.
Bidwell Health and its clinicians are not enrolled in, and are not participating providers with, Medicare, Medicare Advantage, Medicaid, TRICARE, or any other federal or state health care program, and are not participating providers with any commercial insurance plan. Neither you nor Bidwell Health can receive payment from any of those federal or state health care programs for a visit provided through the Platform.
Federal and state health care programs do not pay for every health care service. As we understand it, those programs do not currently pay for the services offered here, at least not in the way those services are delivered. As described in Section 3, a Bidwell Health visit is store-and-forward telehealth reviewed without a real-time video or telephone consultation.
If you are a beneficiary of Medicare, Medicare Advantage, Medicaid, or another federal or state health care program, you may still use the Platform. By paying for a visit you are choosing to obtain this service on a cash basis outside of that program, and you acknowledge and agree that you are solely responsible for the fee and that neither you nor Bidwell Health will submit a claim for the visit to any federal or state health care program. This applies to every visit you obtain through the Platform, including a repeat or renewal visit. Amounts you pay to Bidwell Health do not count toward any deductible, out-of-pocket maximum, or cost-sharing obligation under a federal or state health care program.
Commercial insurance is different. If you have a commercial plan, you may download an itemized receipt from your patient portal and submit it to your plan yourself for possible out-of-network reimbursement. Bidwell Health does not submit that claim for you, does not bill your plan, and cannot guarantee that your plan will reimburse any part of the fee. Do not submit that receipt to Medicare, Medicare Advantage, Medicaid, or another federal or state health care program.
Refund Policy:
If the provider determines you are not a candidate for treatment through our platform, you will receive a full refund; If treatment is provided (including a prescription being sent to your pharmacy), no refund will be issued; For refund requests or billing questions, contact us at support@bidwellhealth.com.
The visit fee purchases the clinical assessment, which includes the clinician's review of your intake, the clinical decision, and follow-up messaging about that visit. It does not purchase a prescription, and a prescription is issued only when a clinician determines one is clinically appropriate. You receive a full refund when a clinician determines that your case cannot be safely or appropriately treated through Bidwell Health, including when we refer you to in person care. You do not receive a refund once a prescription has been sent to your pharmacy. If a clinician completes your assessment and determines that no prescription is indicated for your symptoms, that is a completed visit and is not refunded; the clinician will tell you why and what to do next. If you do not respond to a clinician's request for more information within fourteen days, the assessment is treated as complete. The refund commitments above do not apply where we cannot provide care because you misrepresented your identity, your location, your eligibility, or material medical information. In that situation we may decline to proceed and refund the fee at our discretion, and we may decline to serve you in future. Refunds are issued to your original payment method and typically appear within five to ten business days.
If you have a billing concern, please contact us at support@bidwellhealth.com before disputing a charge with your bank or card issuer, and we will respond within five business days. A chargeback does not withdraw your consent to treatment and does not cancel an assessment that has already been performed.
5. Patient Responsibilities
By using the Platform, you agree to the following:
You will provide truthful, accurate, and complete information on all intake forms, including your medical history, current medications, allergies, and symptoms; You are the patient and are seeking treatment for yourself only; You will follow all treatment instructions provided by your provider and pharmacist; You will seek emergency medical care immediately if your symptoms worsen or you develop new, serious symptoms; You will notify Bidwell Health of any significant changes to your health status that may affect your treatment; You will not use the Platform for any unlawful purpose or in any manner that violates these Terms.
6. Telehealth Consent
By using the Platform, you consent to the following:
You consent to receive healthcare services through online telehealth (store-and-forward) technology; You understand that your protected health information (PHI) will be transmitted electronically as part of the telehealth encounter; You understand the potential benefits of telehealth, including increased access to care, convenience, and timely treatment for non-emergency conditions; You understand the potential risks of telehealth, including limitations of evaluation without an in-person physical examination, technology failures, and the possibility that the provider may determine telehealth is not appropriate for your condition; You understand that telehealth does not replace emergency medical care. In the event of an emergency, you will call 911 or go to the nearest emergency room; You have the right to withdraw your consent to telehealth services at any time.
The full informed consent to telehealth, including the specific limits of asynchronous care and what you are acknowledging, is set out in our Consent to Telehealth, which is incorporated into these Terms by reference and which you are asked to agree to before a clinician reviews your visit. You may request a referral for in person care at any time, and withdrawing your consent to telehealth does not affect your right to seek care elsewhere. Withdrawing consent after a clinician has completed your assessment does not entitle you to a refund of the visit fee. Your case is reviewed by a licensed clinician whose name, credentials, and NPI are published on our providers page and whose licence you may verify with the licensing board of your state.
7. Privacy and Data Security
Your use of the Platform is governed by our Privacy Policy and our HIPAA Notice of Privacy Practices. These documents describe how we collect, use, store, and protect your personal and health information. By using the Platform, you acknowledge that you have reviewed our Privacy Policy and have received our HIPAA Notice of Privacy Practices. Acknowledging receipt of the HIPAA Notice is not agreement to its contents; it describes rights you hold and duties we owe you regardless of these Terms.
8. Intellectual Property
All content on the Platform, including but not limited to text, graphics, logos, images, software, and the design and arrangement thereof, is the property of Bidwell Health and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Platform without the prior written consent of Bidwell Health.
9. Disclaimer of Warranties
The Platform itself, meaning our website, our technology, and the general health information we publish, is offered on an "AS IS" and "AS AVAILABLE" basis. Nothing in this section applies to the clinical care a clinician provides you, and nothing in it changes the standard of care described in section 3 or reduces any duty a licensed clinician owes you. Bidwell Health makes no warranties, express or implied, regarding the Platform, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty arising from course of dealing or usage of trade. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.
Nothing in this section limits the refund commitment in section 4 or the commitments made in our Consent to Telehealth.
10. Limitation of Liability
To the fullest extent permitted by applicable law, Bidwell Health, its officers, directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, health outcomes, or goodwill, arising out of or in connection with your use of the Platform.
Bidwell Health's total aggregate liability for any claim arising from your use of the Platform shall not exceed the greater of the total amount you paid to Bidwell Health in the twelve months preceding the event giving rise to the claim, or two hundred fifty dollars. This monetary limitation does not apply to a claim arising from professional negligence in the provision of health care services, which is not capped by these Terms.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, wilful misconduct, or fraud, and nothing in this section is intended to limit a claim for professional negligence to the extent the law of your state prohibits such a limitation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the limitations above may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless Bidwell Health, its officers, directors, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your violation of these Terms; your unlawful or fraudulent use of the Platform; information you provide that is materially false or misleading; and any claim that something you upload infringes another person's rights.
This indemnification does not apply to a claim arising from Bidwell Health's own negligence or misconduct, and does not apply to a claim you bring against Bidwell Health. We will notify you promptly of any claim for which we seek indemnification, will not settle it without your consent, and will allow you to participate in the defence with counsel of your choosing.
12. Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO TAKE PART IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED BELOW.
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this section.
Before starting an arbitration, you agree to send a written notice of dispute to support@bidwellhealth.com describing the claim and the relief sought, and to allow 60 days for the parties to try to resolve it informally. This requirement applies equally to Bidwell Health. Any applicable statute of limitations or contractual filing deadline is paused for the length of that 60 day period.
Except for the claims carved out below, any dispute arising out of or relating to these Terms, the Platform, or the services you received will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before a single arbitrator. Any in person hearing will take place in the county where you live, or by telephone or videoconference at your election, or the arbitration may be decided on documents alone. Bidwell Health will pay all filing, administrative, and arbitrator fees above the consumer filing fee set by those rules. The arbitrator may award any relief a court could award to you individually.
This arbitration agreement does not apply to a claim alleging professional negligence in the provision of health care services. Such a claim may be brought in court, subject to the law of your state. Either party may also bring an individual claim in small claims court if it qualifies, and either party may ask a court for an injunction to stop infringement of intellectual property or unauthorised access to the Platform. Nothing in this section prevents you from reporting a concern to a state licensing board, a state attorney general, the United States Department of Health and Human Services Office for Civil Rights, or any other government agency.
You and Bidwell Health each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate more than one person's claims. If this class action waiver is found unenforceable as to a particular claim or a particular request for relief, then that claim or request for relief, and only that one, is severed from the arbitration and brought in court, and the rest proceeds in arbitration. Whether this class action waiver is enforceable is for a court to decide, not the arbitrator.
You may reject this arbitration agreement and class action waiver by emailing support@bidwellhealth.com with the subject line Arbitration Opt-Out, giving your full name and the email address you used, within 30 days of first agreeing to these Terms. Opting out affects nothing else in these Terms and will not affect your access to care or the care you receive.
For any claim not subject to arbitration, you and Bidwell Health consent to the jurisdiction and venue of the state and federal courts in Palm Beach County, Florida, except to the extent applicable law gives you a right that cannot be waived to bring a claim in another jurisdiction or venue, including for a claim of professional negligence.
13. Modifications to Terms
Bidwell Health reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Material changes take effect for visits submitted on or after the revised effective date. Changes do not apply retroactively to a visit you have already paid for, which remains governed by the Terms in effect when you submitted it. We keep both an effective date and a last updated date at the top of this page. We encourage you to review these Terms periodically.
14. Termination
Bidwell Health may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.
15. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. The remaining provisions of these Terms shall continue in full force and effect.
16. Contact
If you have questions or concerns about these Terms of Service, please contact us:
Email: support@bidwellhealth.com
Website: bidwellhealth.com
17. General
These Terms, together with our Privacy Policy, our HIPAA Notice of Privacy Practices, our Consent to Telehealth, and the consent you give at intake, are the entire agreement between you and Bidwell Health about the Platform, and they replace all earlier or contemporaneous agreements between us about the Platform. Nothing in this section limits any right you have under applicable law, and nothing in it is intended to disclaim a statement we have actually made to you. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms or any rights under them. Bidwell Health may assign them in connection with a merger, acquisition, reorganisation, or sale of assets, and any assignee remains bound by our obligations regarding your health information.
Bidwell Health is not liable for any delay or failure to perform caused by events beyond our reasonable control, including internet or hosting failures, failures of our payment processor, electronic prescribing or pharmacy outages, labour disputes, natural disasters, epidemics, or acts of government.
You retain ownership of the photographs, documents, and information you submit. You grant Bidwell Health a limited licence to store, transmit, and use them to provide care to you, maintain your medical record, and meet our legal and regulatory obligations. You confirm that any image you submit is of yourself and that you have the right to submit it. Clinical images and documents become part of your medical record and are retained under the schedule in our Privacy Policy. We do not use your images for marketing or training, and we do not use them for any purpose other than your care without your separate written authorisation.
To the extent permitted by applicable law, you consent to receive notices, disclosures, and communications from Bidwell Health electronically, at the email address you give us. Where the law requires a communication to be given to you in writing or on paper, we will meet that requirement in the manner the law allows, and you may ask us for a paper copy at any time. Keeping that email address current is your responsibility.