Item: BetterHelp Terms of Service
Rating: 35
Author: Terms.Law Editorial Team

⚠ Key Concerns

In 2023, the FTC ordered BetterHelp to pay $7.8 million for sharing users' sensitive health data with advertising platforms including Facebook and Snapchat, despite privacy promises. The platform also faces ongoing criticism for subscription cancellation difficulties and inconsistent therapist availability.

Score Breakdown by Category

How BetterHelp's terms rate across my evaluation categories.

🔒 Data Privacy & Health Information (30%) 25/100

Why this score: BetterHelp's FTC settlement revealed sharing of intake questionnaire data with advertising platforms. While they've updated practices post-settlement, their terms still grant broad data usage rights. Health data collected may not qualify for full HIPAA protection as BetterHelp operates as a "platform" connecting users to providers.

Industry comparison: Teladoc: 45/100 (HIPAA-covered entity) | Talkspace: 30/100 (similar concerns) | Hims: 35/100 (prescription data concerns) | Category avg: 34/100

💰 Subscription & Billing Practices (25%) 32/100

Why this score: BetterHelp uses auto-renewing subscriptions that continue billing during active treatment. Cancellation requires navigating account settings rather than simple unsubscribe. Price changes can occur with limited notice. Many users report difficulty stopping recurring charges.

Industry comparison: Teladoc: 50/100 (per-visit option) | Talkspace: 35/100 (similar subscription model) | Hims: 38/100 (auto-refill issues) | Category avg: 39/100

🩺 Service Quality & Provider Access (20%) 38/100

Why this score: BetterHelp does not guarantee therapist availability or continuity of care. Therapists can leave the platform without notice, requiring users to restart with new providers. Response time commitments are vague, and live session availability varies significantly by therapist.

Industry comparison: Teladoc: 52/100 (larger provider network) | Talkspace: 40/100 (high turnover) | Hims: 45/100 (medical providers) | Category avg: 44/100

⚖ Dispute Resolution & Refunds (15%) 42/100

Why this score: BetterHelp requires binding arbitration with class action waiver. Refund policy is discretionary and often limited to unused portions of prepaid subscriptions. Disputes about therapist quality or data handling have limited recourse.

Industry comparison: Teladoc: 48/100 (clearer refund policy) | Talkspace: 40/100 (similar arbitration) | Hims: 45/100 (prescription refunds complex) | Category avg: 44/100

👁 Termination & Data Portability (10%) 40/100

Why this score: Users can request data deletion but therapy session records may be retained per provider licensing requirements. Exporting conversation history is limited. Platform can terminate accounts with limited notice for ToS violations.

Industry comparison: Teladoc: 50/100 (medical records standards) | Talkspace: 42/100 (similar limitations) | Hims: 48/100 (prescription records) | Category avg: 45/100

Compare With Other Platforms

⚠ Key Clauses to Watch

These provisions in BetterHelp's terms create the most risk for users.

Health Data Sharing with Advertisers

High Risk

BetterHelp was found sharing sensitive intake questionnaire data (including mental health concerns) with Facebook, Snapchat, and other advertising platforms. While the FTC settlement requires changes, broad data usage language remains in the terms.

"We may share information with third parties for analytics, advertising, and to improve our services..." BetterHelp Privacy Policy

Subscription Auto-Renewal During Treatment

High Risk

Your subscription automatically renews while you're in active therapy, creating pressure to continue paying even if service quality declines. Canceling requires multiple steps through account settings.

"Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date." BetterHelp Terms of Service

Therapist/Provider Availability Not Guaranteed

High Risk

BetterHelp cannot guarantee your matched therapist will remain available. Providers leave the platform regularly, potentially disrupting your care and requiring you to restart with someone new.

"Counselor availability may vary. BetterHelp does not guarantee continuous access to any particular counselor." BetterHelp Terms of Service

HIPAA Limitations for Non-Covered Services

High Risk

BetterHelp operates as a technology platform connecting users to providers, which may limit HIPAA protections. Your intake data and platform interactions may not receive the same protections as traditional healthcare.

"BetterHelp is not a healthcare provider. The platform facilitates connections between users and licensed counselors..." BetterHelp Terms of Service

Cancellation While Under Treatment

Medium Risk

Ending your subscription doesn't provide a warm handoff or referral to continued care. You lose access to your therapist and message history immediately upon subscription end.

"Upon cancellation, your access to the platform and counselor communications will be terminated." BetterHelp Terms of Service

Binding Arbitration Requirement

Medium Risk

All disputes must go through binding arbitration, preventing class action lawsuits. This limits your ability to join with other affected users if systemic issues arise.

"Any dispute arising from these terms shall be resolved through binding arbitration... You waive your right to participate in class actions." BetterHelp Terms of Service

Analysis

"BetterHelp's FTC settlement should have been a wake-up call for the entire telehealth industry. The company was caught sharing sensitive mental health intake data with advertising platforms while promising privacy. That's not a minor oversight - it's a fundamental breach of trust with users seeking help during vulnerable moments.

The subscription model creates additional concerns. When you're in active therapy, the pressure to continue paying is significant. And if your therapist leaves the platform? You're back to square one, potentially having shared deeply personal information with someone you'll never speak to again.

My recommendation: If you use BetterHelp, understand that this is a technology platform first, healthcare provider second. Keep your own records of important discussions, and don't assume your data has the same protections as traditional therapy. Consider whether the convenience is worth the privacy tradeoffs."

BetterHelp Terms of Service Review

⚠ Key Concerns

Score Breakdown by Category

Compare With Other Platforms

⚠ BetterHelp Billing Issues?

⚠ Key Clauses to Watch

Health Data Sharing with Advertisers

Subscription Auto-Renewal During Treatment

Therapist/Provider Availability Not Guaranteed

HIPAA Limitations for Non-Covered Services

Cancellation While Under Treatment

Binding Arbitration Requirement

Analysis

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BetterHelp Terms of Service Review

⚠ Key Concerns

Score Breakdown by Category

Compare With Other Platforms

⚠ BetterHelp Billing Issues?

Related Resources

⚠ Key Clauses to Watch

Health Data Sharing with Advertisers

Subscription Auto-Renewal During Treatment

Therapist/Provider Availability Not Guaranteed

HIPAA Limitations for Non-Covered Services

Cancellation While Under Treatment

Binding Arbitration Requirement

Analysis

Need Help With BetterHelp?

Schedule a Consultation