Last Updated: January 23, 2025
Carefully read these medical services terms and conditions (“Medical Services Terms”) as they govern the access to and use of Services (as defined below) provided by Bionic Medical, PLLC (“Bionic Medical,” “we,” “us,” or “our”) and its providers, operating through a virtual platform that offers direct primary care and longevity medicine services, to you, the patient (“Patient,” “you,” or “your”).
BY ACCESSING OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ASSENT BY CLICKING “I ACCEPT,” YOU AGREE TO BE BOUND BY THESE MEDICAL SERVICES TERMS. You also affirm that you are at least 18 years of age and legally capable of agreeing to these Medical Services Terms. If you do not agree with the terms herein, you must not use the Service.
Bionic Medical is affiliated with Bionic Health, Inc. (“Bionic Health”), which provides management and administrative services to Bionic Medical. Bionic Health also provides membership and other non-medical services to consumers, and provides information through its website, www.bionichealth.com, and mobile application (collectively, the “Platform”) that are made available to facilitate your access to health information and the Services described in these Medical Services Terms. Your use of the Platform and Bionic Health’s services are subject to Bionic Health’s Terms of Use [link] (“Terms of Use”), which are separate from these Medical Services Terms. Please read the Terms of Use carefully before using the Platform and Bionic Health’s services.
Using the Platform or other services of Bionic Health does not create a patient-physician relationship between you and Bionic Medical. A patient-physician relationship commences only if and when you first meet with one of Bionic Medical’s clinical Providers for an individual consultation.
We may update or modify these Medical Services Terms at our discretion by posting changes via the Platform or other reasonable means. Changes become effective immediately upon posting. By continuing to access or use the Service, you accept the updated Medical Services Terms. If you disagree with any changes, you must cease using the Service.
Bionic Medical provides virtual direct primary care and longevity medicine consultations (“Services”) through its network of employed or contracted providers (“Providers”). The Services include but are not limited to:
Certain Services are provided annually at no additional cost (“Included Services”), as part of your membership purchased through the Platform. Additional services may incur fees, which are outlined in the Complete List of Membership Services [link]. Included Services are non-cumulative and non-transferable.
To use our Services, you must:
Bionic Medical provides direct primary care and longevity medicine services. You may choose to use the Services as your principal source for primary care or use our longevity medicine services as a supplemental service, while maintaining a relationship with an outside primary care provider in your community. During your intake process, we will ask if you would like to designate Bionic Medical as your primary care provider. If you do not designate Bionic Medical as your primary care provider, we will consider you a longevity medicine patient. In either case you will have access to all Services, but if you designate Bionic Medical as your primary care provider, we may provide additional monitoring or communications from time to time, including certain preventative care reminders. Bionic Medical reserves the sole discretion to accept or decline patients into its Virtual Primary Care program, in accordance with the guidelines and criteria established in its Medical Policies.
Our Services are not intended for emergency or urgent medical needs. For all urgent or emergency matters that you believe may affect your health or safety, you should immediately call 911 or go to the nearest emergency room or urgent care facility. If you are thinking about suicide or taking actions that may cause harm to you or others, or if you feel that you or any other person may be in any danger, notify 911. The suicide hotline is 988 or 800-273-8255.
Do not contact Bionic Medical or any Provider to seek treatment for emergencies. Do not use the messaging app or other communications tools available on the Platform to send questions or concerns that require immediate or urgent follow up.
Telehealth is the delivery of health care services using communications technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Provider, details of your health history and personal health information may be discussed with you through the use of audio, video and other telecommunications technology.
Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include but may not be limited to: in rare cases, information transmitted may not be sufficient to allow for appropriate health care decision making by your Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; or a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors. Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information.
By using our Services, you consent to remote care provided through interactive chat, audio, and video communications. Data such as text, audio, and video may be securely recorded as part of your medical record. You understand and agree that the medical records of your telehealth encounters may be distributed in accordance with applicable law and regulation to other treating health care practitioners, including your primary care provider.
All remote communications are protected under applicable privacy laws. Secure methods, such as encrypted emails and patient portals, are used for communication.
Providers may include MDs, DOs, PAs, or NPs. You may request an MD but cannot always select a specific provider. Providers’ availability is subject to emergencies, scheduling, and other constraints.
You agree that Bionic Medical may send the following to you by email or by posting them on our website or through the Platform: legal disclosures; these Medical Services Terms; our Privacy Policy and HIPAA Notice; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Services. You agree that Bionic Medical may contact you via secure messaging, email, phone, text, or mail regarding the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.
Providers may issue prescriptions at their discretion but are not obligated to do so. Certain controlled substances, including opioids and other painkillers, benzodiazepines, and amphetamines, will not be prescribed. The Services do not include pain management for long term or chronic conditions. Providers may access your prescription history to ensure safe and effective care. You are responsible for costs associated with prescriptions. All Services and prescriptions are solely for your own personal use, as the Patient.
Our Services are not covered by insurance, Medicare, or Medicaid. We do not bill any federal or state healthcare programs (including Medicare and Medicaid) or any private insurance carrier for our Services. Patients are solely responsible for their membership fees (which cover the Included Services and use of the Platform) and costs related to external services, such as lab tests or specialist referrals. These Medical Services Terms do not constitute a health insurance policy. You understand that the Bionic Medical program is not a medical plan that constitutes or provides health insurance coverage under applicable state laws or the federal Patient Protection and Affordable Care Act.
You must provide accurate and up-to-date information during registration and notify us promptly of changes.
You agree to pay Bionic Medical or the applicable third-party provider all applicable charges at the prices then in effect for any services provided to you that are not Included Services. For any such services provided directly by Bionic Medical or its Providers, you authorize Bionic Medical to charge your chosen payment method on file with Bionic Health. If such payment method is invalid at the time payment is due, you agree to pay all amounts due upon demand.
You agree to:
You agree you will not:
You agree that information provided by you in connection with the Services shall be governed by our Privacy Policy [link] and HIPAA Notice [link], which are hereby incorporated and made part of these Medical Services Terms. You also agree that information provided by you through the Platform shall also be governed by the Terms of Use between you and Bionic Health.
While we strive to provide high-quality care, we do not guarantee specific outcomes or continuous availability of Providers.
Providers may be unavailable due to personal or professional reasons. In such cases, alternative providers outside the Bionic Medical network may be recommended, but their services are not covered under these Medical Services Terms.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You may terminate these Medical Services Terms at any time by discontinuing use of the Services.
We may terminate the Services with 30 days’ written notice, for any reason. We may terminate your access to the Services immediately if you breach any provision of these Medical Services Terms (including without limitation by engaging in any prohibited conduct), if you use the Services for any illegal or improper purpose, or for any other appropriate reason permitted by the guidelines of the American Medical Association or any applicable state medical board regarding termination of a patient-physician relationship.
Upon termination for any reason, these Medical Services Terms will continue to apply to all Services provided prior to termination.
These Medical Services Terms, along with our Privacy Policy, HIPAA Notice and any other policies or terms expressly incorporated herein, constitute the entire agreement between you and Bionic Medical.
If any part of these Medical Services Terms is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
Failure to enforce any provision of these Medical Services Terms does not constitute a waiver of that provision.
We will not be deemed to be in breach of these Medical Services Terms or liable or deemed to have defaulted hereunder for any failure or delay in fulfilling or performing any term of these Medical Services Terms, when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, explosion, pandemic, or epidemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades; (f) national or regional emergency; and (g) other events beyond the reasonable control of Bionic Medical.
YOU AND BIONIC MEDICAL AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE MEDICAL SERVICES TERMS OR YOUR USE OF THE SERVICES SHALL BE DETERMINED BY BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery considering the issues involved and amount of the claim. You agree that, by agreeing to these Medical Services Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Bionic Medical are each waiving the right to a trial by jury.
THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE MEDICAL SERVICES TERMS AND ANY OTHER CONTRACTUAL RELATIONSHIP BETWEEN YOU AND BIONIC MEDICAL.
If you desire to assert a claim against Bionic Medical, and you therefore elect to seek arbitration, you must first send to Bionic Medical, by certified mail, a written notice of your claim (“Notice”). The Notice to Bionic Medical should be addressed to: Bionic Medical, PLLC, Attn: LEGAL NOTICE, 4221 Garrett Rd Ste 1, Durham, NC 27707 (“Notice Address”).
If Bionic Medical desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most current address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Bionic Medical, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
If Bionic Medical and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bionic Medical may commence an arbitration proceeding. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Medical Services Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address.
The arbitrator is bound by the terms of these Medical Services Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Medical Services Terms, including this arbitration agreement.
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Unless both you and Bionic Medical agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
If this arbitration provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Medical Services Terms shall remain in full force and effect; (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for North Carolina; and (c) North Carolina law, and federal law to the extent applicable, will govern the dispute. Both Bionic Medical and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
These Medical Services Terms and any disputes related hereto will be governed by North Carolina law, and federal law to the extent applicable. All dispute resolution and litigation will proceed in state or federal courts located in and for North Carolina.
Contact Information
For questions or concerns, please contact us at:
Bionic Medical, PLLC
600 Park Offices Dr. Suite 140, Durham, NC 27709
Email: contact@bionichealth.com
By click signing these Medical Services Terms, you acknowledge that you have read in their entirety, understand, and fully accept all terms and conditions contained in these Medical Services Terms and our Privacy Policy and HIPAA Notice which are incorporated herein. If you do not agree to be bound by these Medical Services Terms, our Privacy Policy and HIPAA Notice, or the Bionic Health Terms of Use, you are not authorized to access or use the Platform or the Services and you should immediately cease all use of and access to the Services.