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(208) 545-1776 info@biodwell.com

Legal

Terms of Service

Last updated · September 30, 2026

These Terms of Service ("Terms") are a binding agreement between you and BioDwell, LLC, an Idaho company ("BioDwell," "we," "us"). They cover your use of biodwell.com and everything you buy from us. By using our website, buying our products or using our services, you agree to these Terms. Please read them, especially section 14, which sends disputes to individual arbitration instead of court and explains how to opt out.

1. Accepting these Terms

By using this website or placing an order, you confirm that you have read, understood and agree to these Terms and to all laws that apply to you. If you don't agree with any part of them, please don't use our website or services.

You must be at least 18 years old to use this website or buy from BioDwell. By using our services, you confirm that you are 18 or older and legally able to enter a binding agreement.

2. Ordering without an account

We don't offer customer accounts. Every order is a guest checkout, and your receipt, order updates and interpreted report go to the email address you give us at checkout. You agree to give accurate, current and complete contact and shipping details, and to tell us promptly about any mistake so we can correct your order.

3. Our kits and reports

BioDwell sells environmental testing kits for homes and buildings, and the interpreted report we write from your results. You take the sample, one of our testing partners analyzes it, and we write your report. Product descriptions, images and specifications are for information and may differ slightly from the kit you receive. We work to show our kits accurately, but your screen may not show colors, sizes or other details exactly.

All kits depend on availability, and we may stop offering any kit at any time without notice. Prices are in U.S. dollars and may change without notice.

4. Ordering and payment

When you place an order, you are offering to buy the kits in your cart. Every order depends on our acceptance and on availability. We may refuse or cancel any order for any reason, for example if a kit can't ship to your address. If we cancel an order you've paid for, we refund it in full.

Payment methods

  • Phone orders and kit requests, through QuickBooks (Intuit): we email you a secure invoice, and you pay it on Intuit's payment page. The invoice number is your order number.
  • In our online shop, cards and wallets, through Stripe: Visa, Mastercard, American Express and Discover, plus wallets such as Apple Pay, Google Pay and Link where your device supports them, and any other payment option Stripe shows you at checkout.
  • In our online shop, PayPal and Venmo, through PayPal: you pay in PayPal's own window, and your PayPal or Venmo login never passes through us.

We never see or store your full card number.

Discounts

Any discount on your order is shown before you pay: at checkout, or on your invoice for a phone order or kit request. There are no promo codes to enter. Discounts have no cash value, and we may change or end them for future orders at any time.

Sales tax

If sales tax applies to your order, it will be shown at checkout before you pay.

Cancellation

You can cancel your order any time before your kit ships. Kits usually ship within 1–2 business days, so write soon: email info@biodwell.com with your order number, and we'll confirm the cancellation in writing and refund you. Our team answers Monday to Friday, 8am to 5pm Mountain Time. Requests that arrive outside those hours are handled at the start of the next business day, and we go by the time your email arrives, not the time we read it. Once a kit has shipped, the order can't be cancelled; see section 5 for damaged kits.

5. Returns and refunds

Kits can't be returned once they ship. This protects the integrity of the sample materials and keeps results accurate.

Damaged or defective kits. If your kit arrives damaged or defective, we replace it free. Email info@biodwell.com within 7 business days of delivery with your order number and a photo of the problem. We go by the time your email arrives, not the time we answer it. If we can't send a replacement, we refund the kit.

Refunds. We send approved refunds to your original payment method. Allow 5–10 business days for a refund to show up; some banks take longer.

For the full details, see our Refund & Return Policy.

6. Shipping

We ship to addresses in the 50 U.S. states and Washington, D.C., by USPS or UPS. Kits usually ship within 1–2 business days of your order. Shipping is charged per order, and you see the cost before you pay: at checkout, or on your invoice for a phone order or kit request. Delivery times are estimates, not guarantees, and we're not responsible for delays caused by carriers, weather or anything else beyond our control. Some kits can't ship to some states (see section 17). For the full details, see our Shipping & Delivery page.

7. Intellectual property

Everything on this website, including text, graphics, logos, icons, images, audio, downloads and data compilations, belongs to BioDwell, LLC or its content suppliers and is protected by U.S. and international copyright, trademark and other intellectual property laws.

You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from or sell any content, information or services from this website without our written permission.

8. Privacy

Our Privacy Policy explains how we collect, use and share personal information, and it is part of these Terms. By using our website and services, you agree to the practices it describes.

9. Informational use only

BioDwell is not a medical practice. We test homes and buildings, not people. All results, analysis, reports and recommendations we provide are for information and education only. They are not medical advice, diagnosis or treatment, and they don't replace advice from a healthcare provider. Always talk to a qualified healthcare provider about any health concern, or before making decisions about your health or treatment.

BioDwell, its employees, contractors and testing partners are not medical providers and do not provide medical services.

Not evidence or clearance. Our results and reports describe what was in the sample you sent. We don't promise that a court, insurer, lender, buyer, landlord or government agency will accept them, and they are not a clearance test, certification or inspection. If you need results for a sale, a lease, a legal matter or an insurance claim, talk to us before you order and check the rules that apply to you.

10. Disclaimer of warranties

This website and all products and services are provided "as is" and "as available," without warranties of any kind, express or implied. To the fullest extent the law allows, BioDwell disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

To the fullest extent the law allows, BioDwell, LLC and its officers, directors, employees, agents and affiliates are not liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the website or your purchase of products.

In no event will our total liability to you for all claims be more than the greater of (a) the amount you paid BioDwell for the product or service that gave rise to the claim, or (b) one hundred dollars ($100).

12. Acceptable use

You agree to use the website and our kits only for their intended purposes. Without limitation, you agree not to:

  • resell, redistribute or commercially exploit BioDwell kits or results without our written permission;
  • present BioDwell results as a medical diagnosis or medical advice, or as a clearance, certification or official finding for any remediation, real-estate transaction, court proceeding or insurance claim;
  • reverse-engineer, decompile or scrape our website, or try to derive the source code or methods behind our website or our testing partners' systems;
  • use the website to send unsolicited messages, place automated or fraudulent orders, or otherwise abuse it;
  • submit samples you had no lawful right to take (for example, from a property you don't own or don't have permission to sample);
  • falsify, alter or tamper with chain-of-custody forms, sample labels or sample contents.

If you break this section, BioDwell may suspend or end your access to the website, refuse to fill orders or pursue civil remedies.

13. Indemnification

You agree to indemnify, defend and hold harmless BioDwell, LLC and its officers, directors, employees, agents, affiliates, testing partners and licensors from all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys' fees) arising out of or relating to:

  • your use of the website or any product or service you order through it;
  • your violation of these Terms or of any law or regulation;
  • your violation of anyone else's rights, including intellectual-property, privacy or contract rights;
  • anything you or anyone else does, or doesn't do, in reliance on a BioDwell result, including health, remediation, real-estate and insurance decisions;
  • any sample you submitted that you had no lawful right to take or send for analysis.

BioDwell may take over the exclusive defense and control of any matter you must indemnify us for, and you agree to cooperate with that defense.

14. Disputes and arbitration

These Terms are governed by the laws of the State of Idaho, without regard to its conflict-of-law rules.

Any dispute, controversy or claim arising out of or relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association (AAA) in Boise, Idaho, under the AAA's Commercial Arbitration Rules. The arbitrator's decision is final and binding, and judgment on it may be entered in any court with jurisdiction.

You waive any right to a jury trial and any right to take part in a class action lawsuit or class-wide arbitration.

30-day opt-out. You can opt out of this arbitration agreement and class waiver within 30 days of first accepting these Terms. Email info@biodwell.com with the subject "Arbitration opt-out," your full name and the email address you used for your order. Opting out keeps your right to bring disputes in court; the rest of these Terms still apply.

California public injunctive relief. Nothing in this section limits a California resident's right to seek public injunctive relief on behalf of the general public under the California Consumer Legal Remedies Act, the Unfair Competition Law or the False Advertising Law. Claims seeking only public injunctive relief are not subject to the arbitration agreement or the class waiver and may be brought in a California court with jurisdiction (see McGill v. Citibank, 2 Cal.5th 945 (2017)). If a court finds the class waiver unenforceable for a specific claim, that claim will be separated from the arbitration and decided in court, while the other claims continue in arbitration.

15. Changes to these Terms

We may update these Terms at any time by posting a new version here with a new date. Changes take effect when posted and apply to orders placed after that. If you keep using the website after a change, you accept the updated Terms, so please check back from time to time.

16. Entire agreement and severability

These Terms, together with the policies they refer to, are the entire agreement between you and BioDwell about using this website and buying our products and services.

If a court finds any part of these Terms invalid, illegal or unenforceable, that part will be applied as fully as the law allows, and the rest of these Terms stay in full force. If we don't enforce a right or provision, we haven't waived it.

17. Regulatory disclosures

Environmental testing is regulated differently in each U.S. state, and federal rules govern how we describe what our kits do. This section sets out the rules you accept when you buy a kit from us. Allergen kits have no state restrictions.

17.1 Informational scope for every kit

Important: This kit provides informational environmental testing results only. It is not a medical device. It does not diagnose, screen for, or treat any disease or health condition. Results describe what was present in the sample submitted. Consult a licensed physician regarding any health concerns. Consult a licensed environmental remediation, mitigation, or mold-assessment professional regarding any remediation, clearance, or mitigation decisions.

Our kits collect samples from the indoor environment and report what was in the sample you sent. They don't diagnose, monitor or treat any disease, syndrome or health condition in any person. We avoid language that links a result to a named illness, symptom or biomarker. If you ever find language like that in our materials, the statement above controls.

17.2 Mold and mycotoxin kits

We don't ship mold kits to these states:

  • Colorado (CO). Colorado's Mold Awareness and Registration Act requires state registration, and its rules are not yet final. Citation: CO HB 25-1202.
  • District of Columbia (DC). The District requires individual mold-assessment licensing, registration with the Department of Energy and Environment, and mold-specific liability insurance. Citation: D.C. Code § 8-241.03.
  • Florida (FL). Florida requires individual and company mold-assessor licenses, an in-state office and liability insurance. Citation: Fla. Stat. Ch. 468 Pt. XVI; FAC 61-31.
  • New Hampshire (NH). New Hampshire requires individual certification for residential mold assessment. Citation: NH RSA 310-A:189-b.
  • New York (NY). New York requires individual and company mold-assessor licenses under Article 32 of the State Labor Law. Citation: NY Labor Law Art. 32.
  • Texas (TX). Texas requires individual and company mold-assessor licenses, a Texas office and liability insurance, and, as amended by SB 1255 (effective September 1, 2025), individual licenses for field staff. Citation: Tex. Occ. Code Ch. 1958; 16 TAC Ch. 78.

We don't currently meet these requirements, so mold kits can't be ordered to addresses in these states.

These states need an acknowledgment at checkout:

  • California (CA). California Senate Bill 732 (Toxic Mold Protection Act) prohibits a single company from performing both mold assessment and remediation on the same property. BioDwell is an informational-testing service only; we do not perform remediation, and we do not bundle remediation products with mold testing in California. Citation: CA SB-732.
  • Oklahoma (OK). Oklahoma prohibits the same company from performing both mold inspection and remediation when remediation costs exceed $200. BioDwell is an informational-testing service only; we do not perform remediation. If you intend to act on these results, engage a separately-retained Oklahoma remediation contractor.

17.3 Water kits

This state needs an acknowledgment at checkout:

  • New Jersey (NJ). For informational use only. This kit does NOT satisfy the New Jersey Private Well Testing Act (N.J.S.A. 58:12A-26 et seq.) for real-estate transactions, which requires sampling by a certified-lab employee. If your need is a real-estate closing, contact an NJDEP-certified lab and certified sampler. Citation: N.J.S.A. 58:12A-26 (PWTA).

17.4 Drug residue kits

These states need an acknowledgment at checkout:

  • Alaska (AK). Informational only. If contamination above 0.1 µg/100cm² is detected, Alaska law (AS 46.03.500-599) requires disclosure before sale, lease, or rental of the property and may require formal remediation to state standards. Class A misdemeanor for non-disclosure (up to 1 year jail / $10,000 fine). Citation: AK AS 46.03.500-599.
  • Indiana (IN). Informational only. If methamphetamine contamination above 0.5 µg/100cm² is detected, Indiana law (410 IAC 38) requires property-owner disclosure and cleanup to state standards before sale, lease, or continued occupancy. Citation: IN 410 IAC 38.
  • Kentucky (KY). Informational only. If methamphetamine contamination above 0.1 µg/100cm² is detected, Kentucky law (KRS 224.01-410) requires written disclosure and remediation to state standards before sale or lease. Failure to disclose or remediate is illegal. Citation: KY KRS 224.01-410.
  • Minnesota (MN). Informational only. If contamination is detected, Minnesota law (Minn. Stat. 152.0275) may require the property to be assessed and remediated by a certified contractor per Minnesota Department of Health guidelines before continued occupancy. Citation: MN Minn. Stat. 152.0275.

17.5 Your acknowledgment

By completing checkout, you confirm that you have read the informational scope above and the state rules that apply to your shipping address, and you accept the kit on those terms. If your shipping state is on a "don't ship" list above, you understand that the kit can't be ordered to that address and that we won't knowingly accept an order routed around that restriction. If your shipping state needs an acknowledgment, you confirm at checkout that you have read the notice and accept any obligations it describes. Phone orders and kit requests through our website form follow the same rules: the same state restrictions and acknowledgments apply, you pay through a secure invoice from QuickBooks that we email you (we never take card numbers over the phone), the invoice number is your order number, and paying the invoice means you accept these Terms.

Checkout checks both the state you choose and the state your ZIP code belongs to, and applies the stricter rule if they differ.

We may update this section as state laws change. Changes apply to orders placed after we post them. We follow pending state legislation and update this section when a state's rules change.

18. Contact us

Questions about these Terms? Get in touch:

  • BioDwell, LLC
  • 2604 N Cole Rd Ste 200, Boise, ID 83704
  • Email: info@biodwell.com
  • Phone: 1-208-545-1776
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