BetterHelp
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Source provenance
Verified official sourceWhat changedMaterial language shifts detected around cancel, arbitration, privacy, terminate. 19 new line(s), 23 removed line(s).
Snapshot hash f8e95c54b9f8399790ab0896df4268deabc8906cd24e9c9821a41a89eac8a04c
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Plain-English summary
The terms of service for BetterHelp contain several clauses that could pose risks to users. These include mandatory arbitration and a class action waiver, which limit users' ability to pursue legal action in court (risk_flags-0001, risk_flags-0002). The company also disclaims liability for third-party content (risk_flags-0003) and caps its aggregate liability for damages at the amount paid by the user in the 12 months prior to a claim (risk_flags-0004). Additionally, the platform may be modified or discontinued without notice (risk_flags-0005) and is provided "as is" without guarantees of reliability or accessibility (risk_flags-0006, risk_flags-0007). Users' subscriptions automatically renew, and they are responsible for all recurring charges until cancellation (cancellation_renewal-0001).
90% confidence
Clauses that can create significant risk for users, including loss of rights or privacy, or reduced ability to seek relief.
This agreement includes binding arbitration, meaning disputes will be resolved through arbitration instead of a court of law.
Why it matters: Users waive their right to a jury trial and must resolve disputes through arbitration, limiting their ability to pursue legal action in court.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 7.
The company states they have no responsibility for third-party content and will not be liable for any damage or loss caused by it.
Why it matters: Users bear the risk of damage or loss from third-party content on the platform, as the company disclaims liability.
We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.
The company's aggregate liability for damages arising from the agreement and platform use will not exceed the total amount paid by the user in the 12 months prior to the claim.
Why it matters: The amount of compensation users can receive for damages is capped at the total amount they paid in the 12 months before a claim, which may be less than their actual damages.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
The company may modify, suspend, disrupt, or discontinue the platform, or any part of it, at any time with or without notice to the user.
Why it matters: The service may be changed or become unavailable without prior warning, potentially interrupting access for users.
You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you.
The platform is provided "as is" without express or implied warranties, including for merchantability, non-infringement, security, fitness for a particular purpose, or accuracy.
Why it matters: Users accept the platform with all its potential faults and without guarantees of performance, security, or accuracy.
YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
The company cannot guarantee that access to the platform will be uninterrupted, accessible, consistent, timely, or error-free at all times.
Why it matters: Users may experience interruptions, inconsistencies, or errors when using the platform, as its reliability and accessibility are not guaranteed.
While we make commercially reasonable efforts to ensure the Platform's reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.
Clauses that describe how the company collects, uses, or shares your data, particularly in ways that are not essential to the service.
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No data-use concerns flaggedClauses that describe how and when a subscription or contract renews, and how to cancel without incurring further charges.
Any subscription chosen will continue and automatically renew until cancelled, and users accept responsibility for all recurring charges prior to cancellation.
Auto-renewal / negative-option billing
Why it matters: Users are automatically charged for their subscription until they cancel it, and must ensure cancellation before renewal to avoid further charges.
Any type of subscription you choose will continue and automatically renew until you cancel the membership. By choosing a recurring membership service, you acknowledge that such paid services have a recurring payment and you accept responsibility for all recurring charges prior to cancellation.
Unexpected or tricky clauses that may disadvantage users.
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No hidden gotchasClauses that describe user rights, benefits, or the company's protective commitments.
Users have the right to opt out of the Arbitration Agreement and Class Action Waiver within 30 days of first accessing or using the Platform by sending written notice.
Why it helps: This allows users to retain their right to pursue disputes in court and participate in class action lawsuits if they choose to opt out within the specified timeframe.
You may opt out from this Arbitration Agreement within 30 days after you first access or use the Platform by sending written notice of your decision to opt-out to optout@betterhelp.com , using the subject line "Arbitration Opt-Out." Please state that you are opting out of this Arbitration Agreement and Class Action Waiver and provide your name and address. If you opt out of this Arbitration Agreement and Class Action Waiver within the 30-day period, neither you nor BetterHelp will be required to arbitrate disputes and may instead litigate those disputes without regard to this Arbitration Agreement and Class Action Waiver.
Users can cancel their subscription to the service at any time for any reason.
Why it helps: This provides flexibility and control over the subscription, allowing users to stop recurring charges whenever they wish.
You can cancel the subscription to the service at any time for any reason.
Users have the right to receive a “Good Faith Estimate” explaining how much their medical care will cost, including related costs for non-emergency items or services.
Why it helps: This helps users understand the expected costs of their medical care in advance and provides a basis for disputing bills that are significantly higher than the estimate.
Good Faith Estimate You have the right to receive a “Good Faith Estimate” explaining how much your medical care will cost. You have the right to receive a Good Faith Estimate for the total expected cost of any non-emergency items or services. This includes related costs like medical tests, prescription drugs, equipment, and hospital fees.
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