Welcome to BioDwell. These Terms of Service ("Terms") constitute a legally binding agreement between you and BioDwell, LLC ("BioDwell," "we," "us," or "our"). By accessing or using our website, purchasing products, or engaging with our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing this website, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our website or services.
You must be at least 18 years of age to use this website or purchase products from BioDwell. By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
2. Account Registration
To access certain features of our website, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information during registration
- Maintain and update your information to keep it accurate and current
- Maintain the security and confidentiality of your password and account credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
3. Products & Services
BioDwell offers environmental health testing kits for residential and commercial use. Product descriptions, images, and specifications are provided for informational purposes and may vary slightly from the actual product. We make every effort to display products accurately but cannot guarantee that your device's display will accurately reflect colors, dimensions, or other physical attributes.
All products are subject to availability. We reserve the right to discontinue any product at any time without notice. Prices are listed in United States Dollars (USD) and are subject to change without prior notice.
4. Ordering & Payment
When you place an order through our website, you are making an offer to purchase the selected products. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason.
We accept the following payment methods:
- Credit/Debit Cards: Visa, Mastercard, American Express, and Discover
- Digital Wallets: PayPal and Venmo
- Mobile Pay: Apple Pay and Google Pay
Applicable sales tax will be calculated and added at checkout based on your shipping address and applicable state and local tax laws.
You may cancel your order within 1 hour of placement using the self-service "Cancel order" button on your order-confirmation page, provided the order has not yet been processed for shipment. After the 1-hour window, contact us at info@biodwell.com and we will work to accommodate your request, though cancellation is no longer guaranteed once the order has entered the shipping queue. Human support is available Monday–Friday, 9am–5pm Mountain Time; cancellation requests received outside those hours are processed on the next business day.
5. Returns & Refund Policy
We want you to be satisfied with your purchase. Our return and refund policy is as follows:
Environmental Testing Kits
Exception for Damaged or Defective Kits: If you receive a testing kit that is damaged or defective, we will replace it free of charge within 7 calendar days of delivery. To qualify, you must provide photo proof of the damage or defect by emailing info@biodwell.com.
Non-Kit Items
Non-kit items may be returned within 30 days of delivery, provided they are unused, unopened, and in their original packaging. Customers are responsible for return shipping costs unless the return is due to our error.
Refund Processing
Approved refunds will be processed to the original payment method within 5-10 business days. Please allow additional time for the refund to appear on your statement depending on your financial institution.
For complete details, please visit our Refund & Return Policy page.
6. Shipping & Delivery
Orders are processed within 1 business day from the date of purchase. We offer the following shipping options:
- Standard Shipping: 5-7 business days
- Express Shipping: 2-3 business days
Shipping times are estimates and are not guaranteed. BioDwell is not responsible for delays caused by carriers, weather events, or other circumstances beyond our control. For complete details, visit our Shipping & Delivery page.
7. Intellectual Property
All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of BioDwell, LLC or its content suppliers and is protected by United States 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 obtained from this website without our prior written consent.
8. Privacy Policy
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our website and services, you consent to the practices described in our Privacy Policy.
9. Informational Disclaimer
BioDwell, its employees, contractors, and laboratory partners are not medical providers and do not provide medical services.
10. SMS/Text Message Consent
BioDwell uses Twilio for SMS/text messaging services. By providing your phone number at checkout and opting in to receive text messages, you consent to receive (a) transactional messages tied to your order — order confirmation, shipping updates, lab-received and report-ready notifications, and cancellation confirmations — and (b) occasional promotional messages about new products, restocks, and limited-time offers.
- Consent to receive SMS messages is entirely optional and is not a condition of purchase
- Message frequency: up to approximately 6 messages per month, plus order-related transactional messages tied to any active order
- Message and data rates may apply depending on your carrier
- This program is operated under 10DLC registration and complies with the Telephone Consumer Protection Act (TCPA) and CTIA messaging guidelines
- You may opt out at any time by replying STOP to any message; you will receive a single confirmation reply and then no further messages
- For help, reply HELP or contact us at (208) 545-1776
- If you opt in and then opt out, you may opt back in at any time by texting START to the same number
11. Promotional Code Terms
Promotional codes and discount offers are subject to the following conditions:
- Limited to one promotional code per order
- Non-transferable and may not be combined with other offers unless explicitly stated
- Promotional codes may have expiration dates and specific terms of use
- BioDwell reserves the right to modify or discontinue any promotional offer at any time
- Promotional codes have no cash value and cannot be redeemed for cash
12. Disclaimer of Warranties
This website and all products and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, BioDwell disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by applicable law, BioDwell, LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website or purchase of products.
In no event shall our total liability to you for all claims exceed the greater of (a) the amount you paid to BioDwell for the product or service giving rise to the claim, or (b) one hundred dollars ($100).
13.A Acceptable Use
You agree to use the website and the test kits only for their intended purposes. Without limitation, you agree not to:
- Resell, redistribute, or commercially exploit BioDwell test kits or test results without our prior written consent;
- Represent BioDwell test results as a medical diagnosis, medical advice, or as a clearance certification for any regulated remediation, real-estate transaction, court proceeding, or insurance claim, except where the result format itself is provided for that explicit purpose with chain-of-custody documentation;
- Reverse-engineer, decompile, scrape, or attempt to derive the source code or analytical methodology of our website or our laboratory partners' systems;
- Use the website or our APIs to send unsolicited messages, automate account creation, place fraudulent orders, or otherwise abuse the platform;
- Submit samples obtained without lawful authority (for example, samples taken from a property you do not own or have permission to sample);
- Falsify, alter, or otherwise tamper with chain-of-custody documentation, sample labels, or sample contents.
BioDwell may suspend or terminate access to the website, refuse fulfillment, or pursue civil remedies for any violation of this section.
13.B Indemnification
You agree to indemnify, defend, and hold harmless BioDwell, LLC, its officers, directors, employees, agents, affiliates, laboratory partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the website or any product or service ordered through the website;
- Your violation of these Terms or any applicable law or regulation;
- Your violation of the rights of any third party, including intellectual-property, privacy, or contractual rights;
- Any action taken (or not taken) by you or any third party in reliance on a BioDwell test result, including but not limited to medical decisions, remediation decisions, real-estate transactions, or insurance claims;
- Any sample you submitted that you did not have lawful authority to obtain or send for analysis.
BioDwell reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such matters.
14. Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Boise, Idaho, in accordance with the AAA's Commercial Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to waive any right to a jury trial or to participate in a class action lawsuit or class-wide arbitration.
15. Changes to Terms
BioDwell reserves the right to update or modify these Terms at any time without prior notice. Changes become effective immediately upon posting to this website. Your continued use of the website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
16. Governing Law and Severability
These Terms, together with any additional terms or policies referenced herein, constitute the entire agreement between you and BioDwell with respect to the use of this website and the purchase of our products and services. They are governed by the laws of the State of Idaho without regard to conflict-of-law principles.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be construed to give it the maximum effect permitted by law and the remaining provisions shall continue in full force and effect. Failure by BioDwell to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
17. Regulatory and Informational-Use Disclosures
Environmental testing is regulated differently in every U.S. state, and federal rules govern how we describe what our kits do. This section sets out the regulatory framework you accept when you purchase a kit from us.
17.1 Universal informational scope
Our kits collect and analyze samples from the indoor environment. They report what was present in the sample submitted. They do not diagnose, monitor, or treat any disease, syndrome, or health condition in any person. We avoid any language that links a result to a named illness, symptom, or biomarker. Where you encounter such language anywhere in our materials, treat the universal disclaimer above as the controlling statement of intent.
17.2 Mold & Mycotoxin — state carve-outs
States where we do not currently ship this category:
- Colorado (CO). Colorado HB 25-1202 (Mold Awareness and Registration Act) requires CDPHE registration effective 2026-01-01. Implementing rules are not yet finalized; we are blocking until the regulatory picture settles. Citation: CO HB 25-1202.
- District of Columbia (DC). The District of Columbia requires individual mold-assessment licensure with DOEE registration and $1M general liability + E&O insurance specific to mold/pollution claims. We do not currently meet these requirements. Citation: D.C. Code § 8-241.03.
- Florida (FL). Florida requires both an individual and a company mold-assessor license under Fla. Stat. Ch. 468 Pt. XVI, with an in-state physical office, foreign-entity registration, and $1M general liability + E&O insurance. We do not currently meet these requirements. Citation: Fla. Stat. 468 Pt. XVI; FAC 61-31.
- New Hampshire (NH). New Hampshire requires individual ACAC certification for residential mold assessment under NH RSA 310-A:189-b. Our team holds an ACAC IEC credential, but using it as the qualifying agent for the company requires a counsel-drafted indemnification agreement we have not yet executed. Citation: NH RSA 310-A:189-b.
- New York (NY). New York requires both an individual and a company mold-assessor license under Article 32 of the NY State Labor Law, with a Certificate of Doing Business Under Assumed Name (DBA) for each county of operation. We do not currently meet these requirements. Citation: NY Lab. Law Art. 32.
- Texas (TX). Texas requires both an individual and a company mold-assessor license under Tex. Occ. Code Ch. 1958, with a Texas physical office, foreign-entity registration, and $1M commercial general liability insurance. As amended by SB 1255 (effective 2025-09-01), individual licensing is required for any field staff. We do not currently meet these requirements. Citation: Tex. Occ. Code Ch. 1958; 16 TAC Ch. 78.
States with a state-specific disclosure that you must acknowledge 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. Citation: OK conflict-of-interest threshold.
17.3 Radon — state carve-outs
States where we do not currently ship this category:
- California (CA). California Health and Safety Code §106775 defines "radon services" broadly enough that the kit-seller status is unsettled. We are blocking radon shipments to California pending Phase 2 restructuring as a kit-only product (lab-authored results only, no BioDwell interpretation). Citation: CA HSC §106775.
- Illinois (IL). Illinois 420 ILCS 44 explicitly includes "selling radon testing devices" within the regulated activity. We are blocking pending Phase 2 restructuring as a kit-only product. Citation: 420 ILCS 44.
- Kansas (KS). Kansas requires KDHE certification under K.S.A. 48-16a10 for any person or business offering radon measurement services. We are blocking pending Phase 2 restructuring as a kit-only product (lab-authored results only). Citation: K.S.A. 48-16a10.
- Kentucky (KY). Kentucky KRS 309.430 requires registration for "any person or business entity conducting radon measurement, mitigation, or laboratory analysis." We are blocking pending Phase 2 restructuring. Citation: KRS 309.430-309.454.
- Maine (ME). Maine 22 MRSA §774 explicitly requires registration for "a person whose place of business is located in another state who offers radon testing services to residents of Maine either directly or through the mail." We do not currently hold this registration. Citation: 22 MRSA §774.
- Maryland (MD). Maryland law (2013 amendment) requires NRPP certification for radon testing businesses serving Maryland residents. We are blocking pending Phase 2 restructuring. Citation: MD Code Env. Art. §7-312.
- Nebraska (NE). Nebraska Neb. Rev. Stat. 71-3507 requires both individuals and businesses offering radon measurement services to be licensed, with a $500,000 general liability minimum. We are blocking pending Phase 2 restructuring. Citation: Neb. Rev. Stat. 71-3507.
- New Jersey (NJ). New Jersey N.J.A.C. 7:28-27 requires certification for "any person who sells radon or radon progeny devices." We are blocking pending Phase 2 restructuring. Citation: N.J.S.A. 26:2D-70; N.J.A.C. 7:28-27.
- Rhode Island (RI). Rhode Island RI Gen. Laws §23-61-5 requires licensing for "providing screening or diagnostic sampling/testing of air for radon." We are blocking pending Phase 2 restructuring. Citation: RI Gen. Laws §23-61-5.
States with a state-specific disclosure that you must acknowledge at checkout:
- Colorado (CO). Colorado licenses radon Measurement Professionals under Title 12, Part 220, but explicitly exempts homeowners testing their own property. This kit is sold to you for that purpose. For any regulatory-use scenario, engage a Colorado-licensed Radon Measurement Professional. Citation: C.R.S. 12-220-301 homeowner exemption.
- Delaware (DE). Delaware does not maintain a dedicated radon professional licensing program. This kit is sold to you for your own informational testing. For any regulatory-use scenario (real estate closing), engage a Delaware-recognized radon professional. Citation: 16 Del.C. §7401 et seq..
- Florida (FL). Florida FAC 64E-5.1203(1)(a) exempts owners and occupants from radon-services certification when self-testing their own building. This kit is sold to you for that purpose. For any regulatory-use scenario, engage a Florida-certified radon measurement business. Citation: FAC 64E-5.1203(1)(a) homeowner exemption.
- Indiana (IN). Indiana licenses radon testers under 410 IAC 5.1. This kit is sold to you, the homeowner, for your own informational testing. For any regulatory-use scenario, engage an Indiana-licensed radon professional. Citation: 410 IAC 5.1 (homeowner posture).
- Iowa (IA). Iowa requires a state license to "perform" radon measurements as a Measurement Specialist. This kit is sold to you, the homeowner, for your own informational testing. For any regulatory-use scenario, engage an Iowa-certified Radon Measurement Specialist. Citation: Iowa Code Ch. 136B (homeowner posture).
- Minnesota (MN). Minnesota Stat. §144.4961 exempts entities that distribute radon testing devices "for general educational purposes." This kit is sold to you for your own informational testing. For any regulatory-use scenario, engage a Minnesota-licensed Radon Measurement Professional. Citation: Minn. Stat. §144.4961 educational exemption.
- New Mexico (NM). New Mexico does not regulate consumer radon test kits. This kit is sold to you for your own informational testing. For any regulatory-use scenario, engage an NRPP-certified professional. Citation: 20.3.2 NMAC.
- Ohio (OH). Ohio law (ORC 3723.02) explicitly exempts the retail sale of radon measurement devices from professional licensure. This kit is sold to you for your own informational use. For any regulatory-use scenario (real estate closing, court use), engage an Ohio-licensed radon professional. Citation: ORC 3723.02 retail exemption.
- Pennsylvania (PA). Pennsylvania 25 Pa. Code Ch. 240 explicitly exempts homeowners testing or mitigating radon on property they own or reside in. This kit is sold to you for that purpose. For any regulatory-use scenario, engage a PA DEP-certified radon professional. Citation: 25 Pa. Code §240 homeowner exemption.
- Virginia (VA). Virginia Code §32.1-229.01 requires NRPP/NRSB certification for persons who "conduct or offer to conduct" radon services. This kit is sold to you for your own informational testing — you, the homeowner, are the tester. For any regulatory-use scenario, engage a Virginia-listed NRPP/NRSB professional. Citation: Va. Code §32.1-229.01 (homeowner posture).
- West Virginia (WV). West Virginia Code §16-34-3 explicitly exempts homeowners performing their own radon tests on property they own or lease. This kit is sold to you for that purpose. For any regulatory-use scenario, engage a WV-licensed radon professional. Citation: WV Code §16-34-3 homeowner exemption.
17.4 Water Quality — state carve-outs
States with a state-specific disclosure that you must acknowledge 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).
17.5 Drug Residue Testing (Surface Residue) — state carve-outs
States with a state-specific disclosure that you must acknowledge 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.
17.7 Customer acknowledgment
By completing checkout, you affirm that you have read the universal informational scope above and the state-specific carve-outs that apply to your shipping address. You accept the kit on those terms. If your shipping state appears in a "do not ship" list above, you understand that the kit cannot be ordered to that address and that we will not knowingly accept an order routed around this restriction. If your shipping state appears in a "disclosure" list above, you confirm at checkout that you have read the applicable notice and accept any downstream obligations it describes.
BioDwell reserves the right to update this section as state laws change. Material changes will be reflected here and may take effect for orders placed after posting. We track pending state legislation that could change a state's posture and update accordingly.
18. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us:
- BioDwell, LLC
- 2604 N Cole Rd Ste 200, Boise, ID 83704
- Email: info@biodwell.com
- Phone: 1-208-545-1776