These Terms of Service ("Terms") govern your use of the website and membership services offered by 1500 Park Holdings, LLC, doing business as Bivvy Health ("Bivvy," "we," "us"). By creating an account or using the service, you agree to these Terms.
What Bivvy is (and is not)
Bivvy is a membership that provides access to telehealth care delivered by independent, licensed providers through DrCare247. Bivvy is not insurance, is not a health plan, and is not a medical provider. Care decisions are made by the treating provider, not by Bivvy.
Not for emergencies
Do not use Bivvy for medical emergencies. If you are experiencing an emergency, call 911 or go to the nearest emergency room. Telehealth is not appropriate for all conditions.
Eligibility and accounts
You must be 18 or older and able to form a binding contract. You are responsible for the accuracy of the information you provide and for activity under your account. Keep your login credentials secure.
Membership, billing, and cancellation
- Paid plans are billed through Stripe on a recurring basis (monthly or annually) until cancelled.
- By subscribing you authorize recurring charges to your payment method until you cancel.
- You may cancel at any time from Member Home; cancellation stops future renewals.
- Fees are as shown at checkout before you provide payment information.
- Cancellation and refunds. You may cancel at any time from Member Home. Your coverage runs through the end of that calendar month, and we won't charge you again. On a monthly plan there are no partial-month charges and no partial-month refunds. On an annual plan we refund the unused whole months of your term that fall after that final month, to your original payment method within 10 business days. We measure in whole months because our provider charges us for a full month whenever a member has access at any point in that month.
- Pay-per-visit. A pay-per-visit purchase pays for one visit. It is a single charge, not a subscription, and does not renew.
- We will email you a receipt for every charge. Before an annual plan renews, we will email you a reminder at least 30 days in advance stating the renewal date and amount.
Family plans
Family plans let a subscriber add family members. The subscriber is responsible for the plan and for the accuracy of information about members they add, and confirms they are authorized to share that information and to act for any minors on the plan.
Who a family plan covers
A family plan covers the subscriber plus up to 4 family members. One of those 4 places may be filled by another adult, and the rest are for children under 18. A plan that includes another adult therefore holds up to 3 children.
The subscriber may add up to 2 additional adults at $12 per month each, or $132 per year, billed to the subscriber on the same schedule as the plan. An additional adult seat sits on top of the 4 included places and does not take the place of a child.
A spouse or domestic partner on a family plan is not subject to an age limit. An adult child on a family plan, whether in the included adult place or on an additional seat, remains eligible through age 26, and coverage ends when they pass that age.
On a monthly plan, an additional adult seat added during the month begins billing on the next invoice, and there is no partial-month charge for the month it was added. If that seat is removed, there is no partial-month credit or refund, and the adult keeps access through the end of that calendar month. On an annual plan, seats added or removed during the term are prorated.
When a child on the plan turns 18
We notify the subscriber 90 days, 45 days, and 14 days before a covered child's 18th birthday.
On the birthday, the young adult receives their own login and coverage continues. The $12 adult seat begins 30 days after the birthday, not on it. The subscriber may remove the young adult from the plan at any time before the seat begins, at no charge.
Adult members hold their own accounts
Children under 18 are managed under the subscriber's login. Every member 18 and over holds an independent account, with their own login and their own records.
The person paying for the plan sees billing line items for an adult member on the plan and nothing more. The subscriber does not receive access to that adult member's visits, records, or care activity.
An adult member may take over billing for their own membership at any time and continue on a plan of their own.
If the subscriber cancels
Adult members on a family plan hold their coverage through the subscriber's plan. If that plan is cancelled, those adult members follow the same timing as the subscriber: their coverage ends at the end of that calendar month. If the plan lapses, they lose coverage as well. An adult member who wants to keep coverage may take over their own billing before that happens.
Medical disclaimer
Information provided through the service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified provider with questions about a medical condition.
Acceptable use
Do not misuse the service, attempt to access it in unauthorized ways, interfere with its operation, or use it to violate the law or the rights of others.
Third-party services
The service relies on third parties, including DrCare247, Stripe, and Clerk. Your use of those services may also be subject to their terms.
Disclaimers and limitation of liability
The service is provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by law, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Bivvy does not provide medical services and makes no warranty regarding the medical care provided by the treating providers.
To the fullest extent permitted by law, Bivvy is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages. Bivvy's total aggregate liability arising out of or relating to these Terms or the service will not exceed the greater of (a) the amount you paid Bivvy in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, gross negligence, willful misconduct, or personal injury caused by Bivvy's negligence. Some states do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.
Indemnification
You agree to indemnify and hold harmless Bivvy and its officers, members, employees, and agents from any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of your misuse of the service, your violation of these Terms, your violation of applicable law, or your infringement of another person's rights. This does not require you to indemnify Bivvy for Bivvy's own negligence or misconduct.
Dispute resolution and governing law
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.
Informal resolution first. Before starting an arbitration, you agree to contact us at legal@bivvyhealth.com with a written description of the dispute and the relief you want. We will do the same before starting an arbitration against you. If we cannot resolve the dispute within 60 days, either of us may begin arbitration.
Binding individual arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this section. Judgment on the award may be entered in any court with jurisdiction.
Class action waiver. You and Bivvy each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim, and only that claim, will proceed in court rather than in arbitration.
Exceptions. Either of us may bring an individual action in small claims court, and either of us may seek injunctive relief in court to protect intellectual property rights.
Your right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing legal@bivvyhealth.com within 30 days of first accepting these Terms, stating your name, the email address on your account, and that you are opting out of arbitration. Opting out will not affect any other part of these Terms and will not affect your membership in any way.
Governing law and venue. These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the arbitration provisions above. If a claim proceeds in court rather than arbitration, you and Bivvy consent to the exclusive jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah. Nothing in this section deprives you of any right you have under the consumer protection laws of the state where you live.
Termination
We may suspend or terminate access for violations of these Terms or as needed to operate the service. You may stop using the service at any time.
Changes to these Terms
We may update these Terms. Material changes will be reflected in the effective date and, where appropriate, communicated to you. Continued use after changes means you accept the updated Terms.
Contact us
Questions about this document can go to support@bivvyhealth.com or, for privacy matters, privacy@bivvyhealth.com.