Do not use Helix MWR mobile applications or our services for emergency medical attention. For emergency medical attention, please call 911 or go to your nearest emergency room (ER).

Helix Mobile Wellness and Research (“Helix”), and its predecessors, successors, licensors, beneficiaries, and/or affiliates, welcome you to the proprietary mobile application software “Helix” (“Application”). All users who download and use the Application, including receiving medical services through the Application and/or via the Helix Website (if applicable) (“Services”), are subject to the following terms and conditions (the “Agreement”). All users of the Application and Services are deemed a patient (“Patient”) of Helix Mobile Wellness and Research.

Please read the Agreement carefully before accessing or using any part of the Application or Service. If you do not agree and consent to all of the terms of this Agreement, do not use the Application or Services. Helix reserves the right revise and update this Agreement at any time. All references to the “Application” in this Agreement shall be construed to also include our Website. By signing up on this Application and confirming your account with Helix, you are officially agreeing to all of the terms on these terms and conditions.

1. INTRODUCTION:

Welcome to Helix Mobile Wellness and Research and congratulations on your decision to download our application. Helix Mobile Wellness and Research is a research institute, specializing in researching the benefits of hormone optimization, correlated against medical ailments like depression, obesity, metabolic disorder, chronic fatigue, menopause, sexual dysfunctions, infertility, H.I.V., addictive tendencies and medical disorders and ailments related to aging. Our philosophy and belief is that optimized hormones will lead to a higher quality of life. Our goal is assist you in reaching your optimal health by working to optimize your hormone levels. We do this thanks to our proprietary technologies that will assist in coordinating your vitamin and hormone balancing therapies.

Helix does not directly sell hormones or vitamins (we facilitate hormone treatment, with practitioner prescription); Helix provides Services that make it easier for Patients to visit with medical practitioners who can prescribe vitamin or hormone balancing medication, as well as obtain the prescribed medications from licensed pharmacies. We also offer our Application, which makes it easier to coordinate medical Services and communications between all coordinated parties, as well as facilitating mobile medical visits between medical practitioners and Patients. Helix also facilitates blood testing, making sure that blood samples are tested properly and shared amongst all necessary parties.

The Helix Application and the technologies related to our delivery of healthcare and coordination of healthcare are proprietary.

2. MEDICAL TERMS AND CONDITIONS:

Helix affiliates with licensed medical practitioners who are allowed to prescribe the hormones and vitamin packages we facilitate. Hormones and vitamins, offered through Helix’s services, are never suggested, directed, or approved by an authority that does not carry the right to prescribe such medications. All hormones and vitamins facilitated through Helix’s services are licensed in the states where Services by Helix are offered. Patients who qualify for our Services related to hormone balancing must have a blood test administered first, whereupon only Patients who do not have optimal hormone levels, according to their age, sex, and medical factors, and the medical guidelines of Helix, will be offered treatment. Helix’s services are not designed, intended, or allowed to be used for purposes other than obtaining optimal hormone or vitamin levels as approved by a licensed practitioner. All Patients subscribing to hormone balancing Services are required to complete at least two hormonal blood tests a year, for the purposes of monitoring the results. Helix will make every effort to remind the Patient’s about blood work, but it is the Patient’s responsibility to make sure that their blood is tested at least twice a year.

Medical decisions made on your care will only be made by licensed medical practitioners. All research aspects of Helix have been approved by the licensed medical practitioners that are carrying out patient-care and will be managed by licensed medical practitioners. Although we are a research institute, Helix will never conduct research on a Patient without their informed consent or with the intent to harm; all Patients involved in our research will be aided with the intention to improve their quality of life.

Helix Mobile Wellness and Research is a covered entity under the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996. Healthcare data shared with Helix MWR is stored in servers that Helix MWR deems to be HIPAA-compliant. Helix MWR cannot guarantee that your healthcare data is always stored in a HIPAA-compliant manner, due to the security systems of third-party companies that we do not control, as well as what the data and cellular systems your own personal devices use to store and transmit data. By using services from Helix MWR, you consent that the healthcare data you share with us does not have to be transmitted using HIPAA-compliant services and infrastructure. By using services with Helix MWR, you waive your right to HIPAA-compliance for any healthcare information you share with Helix MWR. You also consent that Helix MWR may email, text or call you about your personal healthcare data. In the event of non-payment, billing lawsuits or collections, healthcare data may be shared with any parties responsible for arbitrating or judging the outcome of such disputes and events. Helix Practitioners, Medical Assistants, Staffers, Customer Service Representatives (who are deemed Medical Assistants), Laboratory Staff, Pharmacists, Researchers (who are deemed Medical Assistants) and Administrators (who are deemed Medical Assistants) will have access to the medical data you provide on our Application and to our staffers. Helix medical researchers may access your identifying documents, along with medical information, strictly for the purposes of compiling medical research data for the studies that Helix is undertaking, writing and reporting. Text messages sent to staffers at Helix MWR are not protected with HIPAA-compliance. For communication that will elicit HIPAA-compliant correspondence from Helix MWR’s server, we recommend emailing our HIPAA-compliant customer service email: customerservice@helixbayarea.com.

Helix will treat minors (anyone the age of 17 or below), provided that they are accompanied by a guardian and that the guardian understands that this Agreement will be enforced and agreed upon, in the care of the minor. If you seek Services for a minor, you will be responsible for providing information related to the minor and for paying for Services requested for the minor.

For Patients subscribing to our vitamin balance services, you are required to discuss our prescribed protocol of vitamins with your primary care doctor/s and specialists, as well as notify them of any changes in the vitamin subscription package we facilitate. Helix facilitates the prescription of vitamins for quality of life purposes, as well as for our research institution’s hypothesis that hormonal balancing could limit the negative affects of the medical ailments mentioned earlier. Vitamin balancing therapies are considered experimental by many practitioners and your decision to subscribe to vitamin balancing services should be shared and discussed with all of your medical practitioners.

For Patients subscribing to hormone optimizing services, you are required to discuss our prescribed package of hormones with your primary care doctor/s and specialists, as well as notify them of any changes in the hormone subscription medication package we facilitate. Helix facilitates the prescription of hormones for quality of life purposes, as well as for our research institution’s hypothesis that hormonal balancing could limit the negative affects of the medical ailments mentioned earlier. Hormone balancing therapies are considered experimental by many practitioners and your decision to subscribe to the hormone balancing services that Helix facilitates, should be shared with all of your medical practitioners. On March 3rd of 2015, the Food and Drug Administration (FDA) issued this statement: “The benefit and safety of these medications [testosterone] have not been established for the treatment of low testosterone levels due to aging.” Helix is not a primary care practitioner group. Helix should not be entrusted as a primary care provider.

Healthcare protocols at Helix MWR are research-based, theoretical and experimental. In regard to medical protocols and guidelines, Helix MWR does not follow the guidelines recommended by either the Endocrine Society or the American Urological Association – the reason why is because we give practitioners independent allowance to interpret medical results. The healthcare protocols at Helix MWR are independent of any organization. Normal levels of testosterone for men are often considered to be 250 ng/dL to 1000 ng/dL – Helix MWR does not subscribe to this reference range. Helix MWR considers anything under 650 ng/dL to be considered “low testosterone” for any man age 21 and above, as Helix MWR subscribes to a theory that all men (age 21 and above) should be at or above 700 ng/dL in their daily levels of testosterone. Many medical institutions advise checking testosterone and other hormone levels in the morning only; some institutions also recommend that testosterone therapy not be started without 2 definitive tests done before starting therapy. Helix MWR’s protocols do not require that male patient testosterone or other hormone levels to be checked in the morning. Helix MWR also does not require 2 tests to determine true levels for any hormone, including testosterone. Total Testosterone, Free Testosterone, Estradiol measurements, Progesterone measurements and DHEA-S measurements are not a CLIA-regulated tests. Practitioners at Helix MWR will use hormone levels as a reference, along with symptoms and age of the patient – hormone-care dosage and qualification will be based on these three factors (age, test numbers, symptoms) and not definitively the test results of individual hormones. Hormone levels will fluctuate during the day, meaning that some levels will be higher or lower, depending on when the sample was collected. By accepting services from Helix MWR, you are agreeing to the protocols above and understand that Helix MWR is independent in its protocols.

Patients who subscribe to Helix’s hormonal balancing services should not use any additional hormone treatments or therapies, unless approved by one of our affiliated practitioners. Patients who subscribe to Helix’s vitamin balancing services should not use any additional vitamin treatments or therapies, unless approved by one of our affiliated practitioners..

Helix does not recommend interrupting your current medical services or prescriptions. Terminating any medical treatments, prescriptions, or coordination with a particular medical practitioner is your decision, as a Patient. Helix does not advocate hormone optimizing and vitamin balance as an alternative to the medical prescriptions or practices you are currently subscribed to.

You understand that there is no warranty or guarantee that vitamin balancing or hormone balancing medication will have a beneficial effect on your health and quality of life. You also understand that your condition of health may become worse, in taking any prescription or supplement recommended by practitioners at Helix MWR.

Should you decide to use Helix’s Services, you will be required to provide your complete past medical and health history to medical practitioners affiliated with Helix, including any serious problems and/or injuries. This information is required to assist in assuring that the Services provided do not conflict with prior conditions or treatments. Withholding of any past medical or health history can expose you to unnecessary risks or dangers. You will not proceed with any of Helix’s Services unless all of your questions concerning the risks, benefits, and alternatives to the Services we provide have been answered, and that you are satisfied with the answers. You understand that Helix does not offer physicals.

3. MEDICAL RESEARCH & INFORMED CONSENT:

Medical prescriptions and vitamins, facilitated through Helix, are only prescribed and/or recommended by licensed practitioners in the United States of America.

Helix Mobile Wellness and Research is a research institute. By purchasing and/or subscribing to any of our Services, you are consenting to participate in our research as a healthcare Patient and subject of our research institute. You are acknowledging that as a healthcare Patient, the treatments you receive from Helix may be based on theoretical approaches to care, that have not proven to be effective. The treatments that Helix provides may also cause a myriad of complications, including serious and unknown complications; you, as a Patient with Helix, acknowledge this risk and accept it. Within the Services that Helix offers and facilitates, all healthcare decisions on your care will be made with the goal of improving your quality of life, with the feedback and results from those decisions used for research. In participating in our research, Helix and its affiliated medical practitioners will aim to optimize your hormones and/or vitamin levels at optimal levels, with the hope of further strengthening our theory that optimized hormones and vitamins lead to a better quality of life and a reduced affect on the medical ailments a Patient claims to have, within the aliments Helix is researching (fatigue, depression, weight loss issues, sexual dysfunctions, addictive tendencies, HIV/AIDS, autoimmune disorders, fertility issues, issues related to aging, stress, menopause). Our research studies are compliant with all medical research guidelines administered by the Department of Health and Human Services. No Patients will be given ‘placebo’ treatments. Your feedback and the results of your care may be aggregated into our pool of research data, where all Patient identification data remains anonymous during the process of writing research, as well as the reporting of it. Your patient data will continue to be aggregated, catalogued, archived and used for research and reporting, even if the patient cancels services with Helix MWR.

When you subscribe or agree to purchase any of the medical Services that Helix offers or facilitates, we may request additional personal or medical information to be shared through the Application. The medical information requested will include: a full patient history, a list of medications, a list of symptoms concerning you’re reasons to contact Helix, a family medical history, allergies, and any other medical history or information you would like us to know about. The information provided will be used by medical practitioners associated with Helix to evaluate your condition and participate in your care. The information will also be transmitted to medical practitioners or entities that are involved in your care, including blood testing laboratories and licensed pharmacies that work with Helix. Any entity handling both your identification information, along with your medical information, will only include medical practitioners, medical practitioner assistants, and medical entities (pharmacies, blood testing laboratories) who are allowed to view and handle your information, in connection to your medical care with Helix. In addition, Helix medical researchers who are compiling your medical results and feedback for research-related studies being conducted by Helix, may handle both your identification information, along with your medical information. Administrators who are affiliated with Helix Mobile Wellness and Research will not have access or handle your personal identification information, unless they are also medical practitioners or assistants to the medical practitioners, that are involved in your medical care with Helix, or Helix medical researchers.

Medical decisions related to your care, for which Helix is facilitating and/or researching, will be approved by licensed medical practitioners. Again, it is Helix’s goal to improve the quality of life of every medical participant within our research institution. This enter Terms and Conditions agreement applies not only to your medical care, but our research. Any further questions about our research can be answered by visiting or calling your local Helix office. Many patients who enroll in the Services of Helix will have to subscribe to our Services for life, due to diminishing productions of certain vitamins or hormones within the body – meaning that research will be ongoing for many Patients. By writing reports about the effects of hormone and vitamin balancing, Helix hopes to show that optimized hormones and vitamins not only lead to a better quality of life, but can also diminish the negative symptoms that come from the medical ailments we actively research.

4. MEDICAL COMPLICATIONS:

Hormone balancing medication can cause serious complications, namely a rise in your hematocrit levels, meaning that your blood could thicken. This condition can cause strokes, heart attacks and blood clots – all conditions that could lead to debilitating life conditions and/or death. All subscribers and Patients to our hormone balancing services are required to donate and/or get therapeutic phlebotomy done (under proper medical attention) at least four times a year. It is the Patient’s responsibility to make sure you follow-up on blood donating (or therapeutic phlebotomy), as it is your responsibility to make sure that your hematocrit levels stay normal. Helix will facilitate this process by recommending places to donate blood. For those Patients who are not allowed to donate blood, Helix will facilitate therapeutic phlebotomy services for a cost. All patients who are having a therapeutic phlebotomy session done by a staffer at Helix MWR are required to eat a full meal and hydrate before the ‘blood drain’ session occurs – this is to reduce the chance of a seizure, cardiac issue, fainting spell, among other negative outcomes. Blood draining can result in injuries or unknown consequences, including internal issues. Patients who pursue therapeutic phlebotomy/blood drains with Helix MWR understand this risk and agree to care despite the potential risks that could occur.

Hormone balancing medication can permanently damage fertility, and organs related to fertility, in both men and women. It is the Patient’s responsibility to monitor fertility health.

Abnormal hormone levels can be a sign of cancer, growths or tumors. All patients with abnormal hormone levels should speak to their PCP about a potential episode of cancer or a tumor. Symptoms associated with hormone imbalance (exhaustion, fatigue, sexual dysfunction, low libido, easily injured body, brain fog, emotional distress, etc) can also be a sign of cancer, tumors or growths. All patients with these symptoms should discus them with their PCP.

Hormone balancing medication may increase the risk of cancer, growths or tumors. All Patients who subscribe or purchase services from Helix, including vitamin balancing or hormone balancing (or both), must speak to their primary care doctor/s about cancer. Helix is not responsible for monitoring for cancer; all Helix Patients must regularly monitor cancer risk with their primary care doctor or a different specialist.

Patients of Helix are required to follow-up with their general practitioners on age-related cancer screenings, as well as any other age-related health screenings, as recommended by the Department of Health and Human Services, the U.S. Food and Drug Administration, the National Institute of Health, and the health maintenance organization (“HMO”) or preferred provider organization (“PPO”) that the Patient is a member of (should the Patient be a member to an HMO or PPO). Patients of Helix are also required to get physicals from their primary care doctor every year. Helix MWR may run the Prostate-specific Antigen test; this test is for research purposes only and should not be used as an indicator for prostate cancer or prostate issues. All patients should get their PSA and prostate checked annually by their PCP or any other affiliated specialist. No subscriber or patient to Helix should use Helix for any kind of cancer screening; Helix MWR does not provide definitive cancer screening services.

All Patients who subscribe or purchase services from Helix, including vitamin balancing or hormone balancing (or both), must receive yearly physicals from their primary care doctor. In addition, we require all patients to have their kidneys, lungs and liver (and all associated levels) checked by their primary care doctor every year.

Patients with a history of blood clotting issues, or with a family history of blood clotting disorders, should not take hormone balancing medications (if patients with such conditions do take the medications we facilitate, they are doing it at their own risk). Patients with diabetes should consult the doctors managing their diabetes before taking prescribed hormones or vitamins.

The research on vitamin balance and hormonal optimizing/balancing, both in terms of benefits and risks, is ongoing. Responsible vitamin and hormone balancing offers tremendous benefits, in terms of an improved quality of life; however, in some Patients, numerous risks can emerge, some that have not even been discovered at this time. By using the vitamins or hormones prescribed and offered by the medical practitioners at Helix Mobile Wellness and Research (and our affiliated medical practitioners) you are acknowledging the possibility that a myriad of medical complications (potentially serious) could happen to you. As a Patient of Helix, you acknowledge that your reliance on healthcare recommendations, prescription protocols, and information provided by the practitioners and healthcare staff who are affiliated with Helix is solely at your own risk and you assume full responsibility for all risk associated therewith.

Helix requires that you consult with us frequently on how you feel and the progress of your health, as well as consult frequently about your medical conditions with any practitioners that are assisting your care – this includes both your psychological condition, as well as your physical condition. Negative changes to your body, psychologically or physically, could be a sign a medical complication. Do not disregard medical advice issued to you by your regular licensed healthcare provider. Helix requires that you share with us any conditions you have that may be contagious and put our staff at risk, before any in-person visits – this is so that our team can determine whether to treat you, what precautions to take, or if appointment should be delayed.

Practitioners at Helix MWR may prescribe substances where prescribed use of the substance extends after the substance’s noted expiration date. In these circumstances, it is the belief of practitioners at Helix MWR that such substances will not turn toxic within the practitioner’s suggested time frame of use. However, the time frame of use is a suggestion. Proof of toxicity not taking place, after expiration date, has not been established by Helix MWR or its practitioners – the patient, in this circumstance, is taking on the independent decision of using the substance past the noted expiration date. Patients have the option of receiving prescribed substances that are not expired, per the prescribing pharmacy’s guidelines, but Helix MWR will charge additional fees for such a prescription schedule. No substance prescribed from practitioners at Helix MWR can be used past 150 days after receipt. Helix MWR cannot guarantee sterility of any substance, at any time, which is why all prescriptions must be stored properly by the patient, and cleaned (per pharmacy instructions), so to maintain clean injection use. Prescriptions from Helix MWR cannot be shared by multiple people – all substances prescribed are for one individual patient and should only be used by that patient. Helix MWR requires that patients notify their primary care doctor of all prescriptions being prescribed by Helix MWR, particularly any prescriptions that are offered to be used past expiration date – all patients are required to discuss the risks of such use with their primary care doctor. By agreeing to be a patient with Helix MWR, patients agree that they are independently choosing to use the prescriptions Helix MWR facilitates, including if usage goes past noted expiration date..

Phlebotomy is a critical part of care with Helix. While Helix will do its best to maintain the highest standards within phlebotomy, we cannot guarantee that injuries will not occur. We also cannot guarantee that our phlebotomists will use sterile medical supplies, or adhere to sterile practices. Injuries may happen during phlebotomy blood draws and injuries can be severe or life-threatening. By seeking care from Helix, and actively getting your blood drawn, there is a possibility that an injury related to phlebotomy can occur, including nerve damage, vein damage and/or artery damage, infection or disease transmission from improperly-handled medical supplies, among other possibilities. By agreeing to these terms, you are giving Helix MWR consent to draw your blood using phlebotomy, as well as demonstrating that you accept and understand the risk involved of an injury occurring. If you feel that an injury has occurred, or that the staffer who saw you lacked proper use of sterility, please seek emergency services immediately – Helix MWR will be ready to provide any assistance or feedback to any medical team that treats you.

5. ACCURATE INFORMATION:

You are agreeing that all of the information you share with Helix, including your name, medical conditions, prescriptions, and all other medical and identification information, is accurate and not false. Providing false information for the purposes of obtaining a medical prescription is a criminal act. You may never use another person’s membership or log in details to access the Application and/or Services provided by Helix.

6. ELIGILIBITY:

At this time, all users of Helix’s Application and/or Services must reside in the United States at the time of service and be 18 years of age or older. Minors can use the Services that Helix provides, provided that they are supervised and accompanied by a guardian the entire time (including when using our Application). You understand that, even in the United States, there may be no medical practitioners in your area and we cannot guarantee that medical practitioners will be available to provide Services in your area. By using the Application and our Services you represent that you are at least 18 years of age or are the parent, guardian or adult responsible for a minor.

7. GEO-LOCATION FUNCTIONALITY, GOOGLE MAPS, APPLE MAPS:

The Services Helix offers include and make use of certain functionality and services provided by third parties that allow Helix to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services and any function related to Google Maps/Google Earth is subject to Google’s current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services or any functions provided by Google Maps/Google Earth, you are agreeing to be bound by Google’s Terms of Use. By using Geo-Location Services, you are also agreeing to disclose your location to Helix and the medical practitioners affiliated with Helix, when requesting a Service provided by Helix. From Google Map’s Terms of Service page: “3.2.3(a) End User Terms and Privacy Policy. Customer’s End User terms of service will state that End Users’ use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service at: https://maps.google.com/help/terms_maps.html and Google’s Privacy Policy at: https://www.google.com/policies/privacy”. Helix may also use Apple Maps for geo-location services as well as other functionalities. All users of any Helix MWR mobile apps agree to the Terms and Conditions of Apple Maps (https://www.apple.com/legal/internet-services/maps/terms-en.html).

8. BILLING, REFUNDS AND CREDIT CARDS:

Helix does not offer in-app purchases for digital content or premium content. All Services purchased from Helix are for the medical services we facilitate. All patients at Helix MWR are required to share a credit or debit card that can be charged for services. When a credit or debit card is added to the Helix MWR system, by the client, the client is authorizing and approving us to use that card for any charges, including past charges, recurring charges and delinquent charges. If you submit your credit or debit card info to Helix MWR, by phone, text, email or mobile app, you are authorizing us to charge any submitted card for healthcare fees, recurring charges, past charges and delinquent charges. Helix MWR will charge any credit card that is on-file with the Helix MWR payment system. New credit cards entered into the Helix MWR system may not automatically update – clients are required to text, email or call the Helix MWR billing team when a new credit card is added, to guarantee that the payment info synchronizes. Refunds are not granted on past charges, in regard to services that have been rendered, which includes: staffer visits, completed appointments, facilitated medications, opening a medical record, continued maintenance on your medical record with our team, and/or completed lab testing. Please contact Helix’s customer service to inquire about what card is stored in our payment system: 310-548-9500 or email customerservice@helixbayarea.com.

9. CANCELLATIONS AND SUBSCRIPTIONS:

If you choose to cancel your subscription or Services with Helix, all you have to do is email our Billing team at Helix MWR, and share your name and account number, and let Helix know that you are canceling (Billing Email: billing@HelixBayArea.com). Cancelling your account with Helix means that you will no longer be charged recurring subscription payments, provided that you are not obligated to a 60-day contract or have a delinquency in billing. Refunds will not be granted on past payments, including no refunds on prior recurring charges related to subscriptions or one-time services, which is why notifying Helix of your cancelation is critical. Helix incurs fees to actively open, host and update medical records, which is why past charges will not be refunded. You are consenting that Helix can collect past due fees by charging any credit card that you have shared in our billing system. Helix reserves the right to share your information with collection agencies, for the purpose of recovering past payments. Helix reserves the right, at its sole discretion, to refuse to offer its Services and Application to any user. For patients who subscribe to Helix’s hormone therapy programs – Helix normally sends medications out in 3 or 4-month quantities. Patients who cancel their accounts within 60 days of receiving any medications, supplies, any diagnostic laboratory services (including services rendered or the reporting of a new laboratory test result), or opening a new electronic medical portfolio with Helix MWR, will incur a penalty fee of $500 (or a penalty fee equal to two months of care with Helix, whichever amount is higher), which will be pursued using collections agencies if necessary. Accounts will remain open and accrue monthly subscription charges until penalty fee is accounted for. Clients with Helix MWR agree to a 60-day contract, the moment medications are delivered, the moment a new electronic medical portfolio is opened, or the moment our staff collects a bodily sample (blood, urine, saliva) for diagnostic laboratory testing, or the moment new lab results are reported – this is so that Helix MWR can recoup the costs associated with medications, opening a new electronic medical portfolio, or diagnostic testing, as our standard medication packages, process of opening a new medical portfolio and standard lab panels, exceed the fees that are charged for one month of our subscription services. Patients are notified before medications are sent out, giving the opportunity for the patient to reject the medications. Your subscriptions will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you contact the customer service team at Helix and inform us of your decision to terminate your subscription. You must contact Helix and cancel your Membership before it renews in order to avoid billing of subscription fees. Helix MWR may not bill immediately for services provided, including prescribed medications, doctor consults or diagnostic laboratory services. Funds collected for medications or completed lab reports may be collected over the course of two to three months, depending on the scope of services, rather than one billed charge. Helix MWR does charge one-time setup fees (in addition to recurring subscription charges) for new accounts or new subscription medications added to a protocol; one-time setup fees can range from $10 to $500. The Helix MWR membership fees can range from $200 to $750 monthly. A one-month membership fee is charged immediately after Helix MWR completes its first service towards the patient. When a patient receives medications from Helix, the Helix subscription fee will stay the same during the duration of time that those issued medications are meant to serve, unless the patient subscribes to additional services or receives additional medications (of note: most medications issued by Helix go out in 3 or 4 month quantities). Helix may change the price for its subscription at any time. It is the responsibility of the patient to stay current on what Helix’s prices are. Helix may also change its Terms and Conditions or Privacy Policy at any given time. Anytime a patient accepts services or medications provided by Helix, they are consenting to whatever Terms and Conditions have been issued. It is the patient’s responsibility to continually stay updated on the Terms and Conditions. Links to Helix’s updated Terms and Conditions and Privacy Policy can always be found in (A) our consumer mobile (for iPhone and Android) under the SETTINGS page, or (B) our website on the “About” page at: http://helixmwr.com/about. As a patient to Helix MWR, you agree to all of these billing terms.

10. ACCOUNT SECURITY:

You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process with Helix and its Application, and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. Helix will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or using unencrypted email to discuss private matters with any Physician or Medical Practice, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means. Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by Helix. Helix does not sell your information to third-parties. Helix may anonymously use your email, phone, name or contact information, for the purposes of creating consumer lists that can predict other future customers. Helix may also keep your name or contact information in a customer database, which may be accessed by third-party administrators not affiliated with Helix.

11. LICENSE AND LIMITATIONS OF USE:

Helix grants to you a limited, personal, non-exclusive and non-transferable right and license to use the Application and to access our Services using the Application. Unless otherwise specified in writing, the Application and Services are for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of Helix or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Helix. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create or scrape our content for any purpose. By using the Application or the Services, you agree that your use: (a) Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes; (b) Will not cause nuisance, annoyance, disruption, or inconvenience to the medical practitioners associated with Helix; (c) Will not impair the proper operation of the network; (d) Will only be through access points or wireless data account (AP) which you are authorized to use; (e) and may involve standard messaging, data, and phone charges by your wireless provider.

12. GOVERNING LAW AND CHOICE OF FORUM:

This Agreement contains the final and entire agreement between us regarding your use of the Application Services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of your local area within the United States of America, applicable to contracts made entirely within that local and wholly performed in the local area, without regard to any conflict or choice of law principles. In regard to litigation arising out of this Agreement or in any way related to the Application, you grant Helix the right to decide if the matter of litigation should be handled in arbitration. You also give Helix the right to select the venue of arbitration, the jurisdiction and the arbitrator, provided that it is within the United States of America. In the regard to all matters related to a lawsuit, you grant Helix the right to select the venue and jurisdiction, provided that it is within the United States of America and in area that is relevant to the care that was delivered to the patient. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

13. ASSIGNMENTS:

Helix may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Helix’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

14. CONTACT, PROMOTIONS AND OFFERS:

We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Application reserves the right to send particular promotions to particular subscribers and other individuals. We may use any personal information you provide to us (including your email address and phone), to provide you (by email or otherwise) with information regarding our company, contests and promotions, as further described in our Privacy Policy; provided, however, that we will not use your personal information for our promotions or for our marketing of products without your prior express consent. Price discounts and promotional (promo) offers cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself. Helix is not responsible for any unauthorized promotions and offers offered by third parties through the Application. Helix holds the right to cancel any promotional offer or subscribed promotional offer, at any time, without explanation.

15. INSURANCE REPORTING:

You are granting Helix the right to attribute the following symptoms to you, as well as report the following symptoms to any health insurance companies that cover your care: fatigue, depression, anxiety, metabolic issues, weight loss issues, muscle gain issues, sexual dysfunctions, erectile dysfunction (if male), reduced libido, stress, sleep issues. If any of the symptoms stated here should not be attributed to you, it is your responsibility to notify Helix’s medical offices directly by phone. Helix’s medical offices can be contacted at: 310-548-9500.

16. NOTIFICATION:

At times, Helix will notify you of important concerns, in regard to your health. Patients are required to check the email that they provide to Helix, the Helix mobile app alerts, and text messages and voicemails to the phone number you provide to Helix. Message and data rates will apply and you will be responsible for it. By using the Helix app and our service, you also agree that you will check your emails, Helix app alerts, voicemails and text messages regularly to make sure that you receive our notifications. It is the patient’s responsibility to make sure that our emails, voicemails, and text messages are not going to any spam folders. It is also the patient’s responsibility to make sure notifications from the Helix app are enabled. It is the patient responsibility to make sure that the device receiving these messages is secure and HIPAA-compliant. Helix MWR cannot guarantee that emails, texts, or phone calls are HIPAA-compliant, due to the fact that messages will be sent to you, where security is dependent on the system employed by your internet service provider or cell phone provider. You understand this risk and accept to communicate without HIPAA-compliance. In the event that you have a medical emergency or death, Helix reserves the right to share your medical information with your spouse, fiancee, guardians or children. Information will be shared on the basis that “spouse, fiancee, guardian or children” present credible information to Helix, of being affiliated to you. The standard for “credible information” will be decided by whatever head-manager at Helix is in-charge at that time.

17. EXCLUSION OF WARRANTIES:

The Application and Services are offered by Helix on an “as is” and “as available” basis. Neither Helix nor any of Helix’s licensors, service providers or contractors, make any express warranties, and each of them disclaims all implied warranties with respect to the Application or the Services, including implied warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. Neither Helix nor any of Helix’s licensors or service providers make any warranty that the content in the Application and/or Services satisfies government regulations requiring disclosure information on prescription drug products. Content in the service is developed for use in the United States and neither Helix nor any of Helix’s licensors or service providers make any representation concerning the content when used in any other country.

18. LIMITATION OF LIABILITY:

Neither Helix nor any of its licensors or service providers may be held liable under this Agreement for any damages of any kind, under any legal theory, arising out of or in connection with use of, or inability to use, the Application or Services, including any direct, indirect, incidental, special, consequential or punitive damages, including, but not limited to, personal injury, wrongful death, emotional distress, lost profits or damages resulting from delay, interruption of service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in service, whether or not there is negligence by Helix or whether or not Helix has been advised of the possibility of any such damages. Neither Helix nor any of its licensors or service providers may be held liable under this Agreement for more than $1,000. The limitations in this section apply to you only to the extent they are lawful in your jurisdiction.

19. SHIPPING LIABILITY:

Helix is not responsible for lost items (equipment and prescriptions included) that are sent to you through our service. Patients who want items sent with signature must specifically inform Helix of this request, as items are normally sent without signature. Items are also sent without insurance applied.

20. PRICING:

As a patient at Helix MWR, you do agree to Helix’s payment agreement, which means that Helix can issue prescriptions, supplies and services to you, and collect payment on those items over the course of time, rather than charge one up-front fee. By using Helix MWR’s services, you agree to those terms. Hormone balancing services with Helix cost anywhere between $250 to $1000 monthly, depending on services the patient chooses. No plan at Helix MWR will be less than $250 monthly – and all monthly charges are non-refundable. Monthly fees at Helix MWR go towards medications, doctor consults, blood testing, weekly maintenance on your medical record, and daily availability of our healthcare concierges to assist with your healthcare needs. Helix MWR does not bill for future services – all billing is done from the purpose of recouping payment on services that have already been performed or products that have already been distributed. Hormone balancing care with Helix MWR costs $3000 to $12000 yearly – rather than charge these fees up front, Helix MWR divides them into monthly payments that are collected after service or product has been rendered. Medications go out in 90 to 120 day quantities. Helix MWR patients can select add-on programs, as long as they are approved by the practitioner who is administering the patient care. Helix MWR offers pharmaceutical add-ons, consisting of additional medications that can be delivered in the patient protocol of medications, pending practitioner approval. By adding an “add-on” program to your Helix MWR subscription, you are consenting to be charged a one-time setup fee for any add-on that can range from $10 to $500 for the setup fee, as well as a recurring additional subscription payment that can range anywhere from $10 to $500 extra monthly. New patients to hormone balancing services will be charged a one-time setup fee that can range anywhere from $100 to $1000. Setup fees are non-refundable. The reason why setup fees are non-refundable is because, in accordance with American healthcare laws, Helix MWR keeps medical records for a minimum of 10 years. The setup fee represents the cost Helix MWR takes on to purchase the server space necessary to host the medical record you have opened with Helix MWR, for at least 10 years. Mobile blood draws with Helix cost anywhere from $50 to $100. Helix MWR’s HGH-add-on program is administered with peptides, not human growth hormone. All performed services with Helix MWR are non-refundable.

21. ITEMIZED BILLING:

22. SEVERABILITY CLAUSE.

In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.

23. PRACTITIONERS ARE INDEPENDENT MEDICAL PRACTITIONERS:

All practitioners furnishing services to patients, under the Helix MWR infrastructure, are independent medical practitioners and are not employees of Helix MWR. They have merely been granted the privilege of using the Helix MWR system for the care and treatment of their patients. In the event of a lawsuit, lawsuits will be referred to whatever practitioner within the Helix MWR system is responsible for administering the specific care.

24. RECEIPTS:

25. LABORATORY ORGANIZATION:

Diagnostic laboratory tests performed and reported by Helix MWR will strive to report accurate results; however, we do not guarantee that results are accurate. All laboratories affiliated or owned by Helix MWR will do their best to run proficiency standards on all analyzers and machines. However, cases may arise where diagnostic testing results are not accurate. Patients at Helix MWR should get their diagnostic levels doubled-checked and verified by outside diagnostic laboratories. The patient acknowledges and understands that diagnostic test results performed or reported by Helix MWR may not always be accurate.

26. PARTICIPATION IN MEDICAL EDUCATION/TEACHING PROGRAMS:

The patient acknowledges and understands that Helix MWR participates in teaching and research programs and as such the training of various of medical personnel, through our internship and training programs, takes place within the Helix MWR system. Personnel that is being trained, educated, or is serving as an intern, may participating in patient care at Helix MWR. The patient consents to care being delivered by such participants.

27. OWNERSHIP AND CORPORATE STRUCTURE:

Helix MWR is not a centralized, corporate company. Every office under the Helix umbrella (and the mobile services and phone consults related to each office) is organized as an independent LLC. In the event of a malpractice lawsuit, you grant Helix the right to assign the litigation to whatever Helix-affiliated office or location executed the care. Prescribing practitioners at Helix MWR work in the Helix MWR system as independent contractors, not as employees. Phlebotomists and Nurse Practitioners in the Helix MWR system also work as independent contractors, not as employees. Helix MWR does not own its laboratories or pharmacies. All laboratories and pharmacies that work with Helix MWR are owned by outside entities. Helix MWR does not own its technologies or mobile apps. All technologies and mobile apps affiliated with Helix are licensed from an outside company.

Date Last Modified: April 1, 2017

Updates to Terms and Conditions – March 1, 2020:

Covid-19 Risk Assessment: Helix requires all patients at high-risk for Covid-19 or any other contagious conditions to delay scheduling appointments with Helix. In regard to Helix visits, we ask all patients to take the self-assessment below, based on CDC guidelines. If you answer “yes” to any of the four questions, we ask that you withhold scheduling a blood draw: 1. Have you tested positive for Covid-19 or have you been told by a medical professional that you are presumed positive? 2. Do you currently have symptoms associated with Covid-19, such as fever, shortness of breath, cough, sore throat or other flu-like symptoms? (If you have any of these symptoms we recommend you consult with your doctor). 3. Have you been in contact with anyone who has tested positive for Covid-19; or someone a medical professional indicated was presumed positive in the last 14 days? 4. Have you traveled outside the United States in the last 14 days? If you need a refill, but our protocols are requiring a blood test (and you said “yes” to one of the questions above), then contact our team – we are happy to evaluate a refill exception.

Helix Mobile Wellness and Research
Privacy Policy
September 1, 2015

Effective Date: This Privacy Policy is effective as of September 1st, 2015 and in perpetuity.

This Privacy Policy sets forth the practices of Helix Mobile Wellness and Research (“Helix”) concerning information we obtain by and through your use of the Helix mobile application (the “Application”) and the services provided by Helix (the “Services”). Helix is committed to respecting your privacy and recognizes the need for appropriate protection and management of personally identifiable information and medical information shared with us.

The Privacy Policy explains the types of information Helix obtains about the users of our Application and/or Services, how the information is obtained, how it is used, how it is disclosed, how you can get access to this information, and the choices you have regarding our use of, and your ability to review and correct the information.

Use of the Application and/or the Services constitutes acceptance and consent to the use of your information as set forth in this policy. Helix does not accept any Personally Identifiable Information or Medical Information prior to receipt of acknowledgment of this Privacy Policy. Please read and review this Policy carefully.

This Privacy Policy applies only to Helix’s Application and Services and becomes effective as soon as you use the Application.

1. INFORMATION THAT YOU GIVE US:

When you register for the Application or subscribe to our Services (“Enroll”), we obtain personal information that can identify you (“Personally Identifiable Information” or “PII”), that you submit to us, which includes your full name, email address, mailing address, telephone number, gender, birthday, health maintenance organization or preferred provider organization details, username for our Application with password, and credit card information for payment. We also may collect PII or medical information from you when you subscribe or purchase any of the specific medical services we facilitate.

Helix Mobile Wellness and Research is a covered entity under the guidelines of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Healthcare data shared with Helix MWR is stored in servers that Helix MWR deems to be HIPAA-compliant. Helix MWR does not guarantee that your data is always stored or transmitted in a HIPAA-compliant manner. This is due to the security systems of third-party companies that we do not control, as well as the communication channels that are used on your personal devices. Electronic communications with personnel at Helix are not protected with HIPAA-compliant security. Depending on your email service provider, emails and phone calls to Helix personnel may or may not be protected with HIPAA-compliant security. By agreeing to this privacy policy, you agree to these terms and accept that the healthcare data you share with Helix MWR may not be stored or transmitted with HIPAA-compliant security. By agreeing to this Privacy Policy, you are waiving your right to HIPAA-compliant security on the healthcare information you share with Helix MWR. Text messages to Helix MWR are not HIPAA-compliant. For correspondence that elicits HIPAA-complaint responses from Helix MWR, we advise using our HIPAA-compliant email: customerservice@helixbayarea.com – however, full HIPAA-compliance also depends on your internet service provider and the system you are receiving the email at.

When you subscribe or agree to purchase any of the medical Services that Helix offers or facilitates, we may request additional personal or medical information to be shared through the Application. The medical information requested will include: a full patient history, a list of medications, a list of symptoms concerning you’re reasons to contact Helix, allergies, a family medical history and any other medical history or information you would like us to know about. The information provided will be used by medical practitioners and staffers associated with Helix to evaluate your condition and participate in your care. The information will also be transmitted to medical practitioners or entities that are involved in your care, including blood testing laboratories and licensed pharmacies that work with Helix. Helix’s affiliated research teams will have access to your medical data. By providing data to Helix, you are also giving consent for Helix’s customer service and administrative teams to handle this data and view it.

Helix Mobile Wellness and Research is a research institute. By purchasing and/or subscribing to any of our Services, you are consenting to participate in our research studies as a medical Patient of our research institute. Within the Services that Helix offers and facilitates, all medical decisions on your care will be made with the goal of improving your quality of life, with the feedback and results from those decisions used for research. In participating in our research studies, Helix and its affiliated medical practitioners will aim to balance your hormones and/or vitamin levels at optimal levels, with the hope of further strengthening the theory that balanced hormones and vitamins lead to a better quality of life and a reduced affect on the medical ailments a Patient claims to have, within the aliments Helix is researching (fatigue, depression, weight loss issues, sexual dysfunctions, addictive tendencies, HIV/AIDS, autoimmune disorders, fertility issues, issues related to aging, stress, menopause). Our research studies are compliant with all medical research guidelines administered by the Department of Health and Human Services. No Patients will be given ‘placebo’ treatments. Your feedback and the results of your care may be aggregated into our pool of research data, where all Patient identification data remains anonymous during the entire process of writing research, as well as the reporting of it. Patients are allowed to cancel their care and/or Services with Helix at any time. By serving as a research participant, Patients who discontinue their treatment with Helix (thereby discontinuing the research being done on their results) will not face any consequences or be held liable for any damages or interruptions on research.

Minors (anyone the age of 17 or below) must be represented by a guardian, which means that minors must either be supervised by the guardian while using our Application, or the guardian must use the Application in representing the minor. Minors are not allowed to use our Application or the Services that Helix provides, without the supervision of a guardian. Helix does not knowingly allow minors to use the Application or our Services without the supervision of a guardian, nor does Helix knowingly collect information from minors who are using the Application or our Services without the supervision of a guardian.

If you believe that Helix has infringed on your privacy rights or that the privacy of your PII has been compromised, you should contact or visit your local Helix Office or email customerservice@helixbayarea.com.

2. OTHER INFORMATION WE COLLECT:

Medical Information Infrastructure:

The Helix Application may collect PII and medical information from you and transmit it electronically. We will use appropriate administrative, physical, and technical safeguards to protect the security and privacy of information held in the Application. Our infrastructure is kept in a secured data center that protects from unauthorized access to the physical servers, backups and any element used to store and/or process personal data. Only authorized personnel can access the data center. Our systems and databases are backed up regularly to protect the data in case of an incontrollable catastrophe. The data center that stores our servers has policies and procedures in place designed to safeguard the equipment that our data is stored on. You have a right to amend medical information in accordance with applicable legal requirements.

Medical Information:

We will collect medical information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information. We will collect medical information about you that is prepared by the healthcare provider(s) and healthcare entities who provide the Services through the Application – the information collected in this manner would include medical records (in the form of a Medical Portfolio), treatment and examination notes, and other health related information. We will also collect information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Application. We will collect any information that you input into the system.

Cookies:

Our Application may use cookies and other technologies to collect information. Cookies are small bits of information that our websites and Application place on the hard drive of your device or computer. Cookies will only be used in regard to your logins and actions on our Application; they will not be used to interfere or track your actions on any other sites or applications. We may use cookies to facilitate your login processes; allow you to personalize and store your settings; collect usage information; determine our total audience size and traffic; and help us improve our sites by measuring which areas are of greatest interest to users, specifically on our Application. Any users of the Application and/or Services from a public computer or device are advised to take necessary measures to sure that all cookies are removed subsequent to their use of the Application and/or Services.

Tracking and/or analytics services:

We may use mobile application tracking and/or analytics services, within our Application. These services may record unique mobile gestures such as tap, double-tap, zoom, pinch, scroll, swipe and tilt within your use of our Application, but do not collect personally identifiable information that you do not voluntarily enter in the Application. These services do not track your browsing habits across mobile applications that do not use the same services. We are using the information collected by these services to understand user behavior, optimize our site performance, and improve the user experience.

Web Beacons:

We may also use web beacons (invisible images often referred to as pixel tags or clear GIFs) in order to recognize users and assess traffic patterns, and we may include web beacons and cookies in our email messages in order to count how many e-mail messages have been opened.

Non-Personally Identifiable Information:

We also collect Non-Personally Identifiable Information that is not health information or medical information in the form of statistics and information regarding the Application user’s statistics and metrics obtained from third party devices (for example, steps, distance, calories burned, GPS coordinates, bat speed, hand speed, swing time, etc.), which may be combined with personal information you submit through the Application and/or Services so that you can fully enjoy the benefits of the Application’s tracking, monitoring, and diagnostic tools. We may also request the following optional information as part of your profile so that you can fully enjoy the features and functions of our Services: your weight, height, and gender. While this information is not deemed Personally Identifiable Information, Helix strives to treat the same safeguards as other protected information.

Mobile Device Information:

Your use of the Application may also include collection of information from your mobile device. For example, the Application may request your permission to collect location data and/or may request access to multimedia (photos or videos) stored on your mobile device. If you do not wish for your location data to be shared with Helix, please respond accordingly when prompted on your mobile device, or visit your mobile device settings. Multimedia will only be collected from your device if you affirmatively select it to upload to the application (i.e. you choose an image or video to store within the Application). Your location data and multimedia will only be viewed and accessed by medical practitioners and assistants to medical practitioners that are affiliated with Helix, as well as medical entities who are participating in your care, as well as administrators who are coordinating your care, or Helix medical researchers who are compiling research for our reports.

Real-Time Location:

Certain features of the Application use GPS technology to collect real-time information about the location of your device so that medical practitioners from Helix can visit you.

3. How We Use Your Information:

Subject to this Helix Privacy Policy, the Terms and Conditions, and applicable terms and conditions of third-party applications, all data transmitted through the Application is owned by Helix. To the extent Helix is precluded from owning data transmitted through the Application, you grant Helix a perpetual, worldwide, royalty-free license to use such data (with the exception of medical information) to the extent necessary to enable use of the Application and Services. Generally, we may use information in the following ways:

a. For the purposes for which you specifically provided it including, without limitation, to enable us to process and fulfill your subscriptions, provide the Services or other requests.

b. To communicate with medical practitioners and medical entities that are affiliated with Helix and participants in your care.

c. To send you information about your relationship or transactions with Helix.

d. To notify you about our products, services, updates, and special offers, except that Helix will not use medical information for marketing purposes.

e. To otherwise contact you with information that we believe will be of interest to you.

f. To enhance or develop features, products and services.

g. To allow us to personalize the content that you and others see on the Application.

h. To conduct medical research at our institute.

We use non-Personally Identifiable Information for purposes such as measuring the number of users of various features of the Application, making the Application more useful to users. We may also use Non-Personally Identifiable Information (for example, statistics regarding use and metrics) for research purposes, for marketing and promotional purposes, and to develop new learning tools and solutions. We use IP addresses to analyze trends, administer the Application, track a visitor’s movement, and gather demographic information for aggregate, non-personally identifiable use.

You acknowledge that unless you request in writing otherwise, Helix, in its sole discretion, has the right but not the obligation to store any information, whether Personally Identifiable Information or otherwise, perpetually, to the extent permitted by law. If you wish for any information about you to be removed from our database, please contact us by calling or visiting your local Helix office. We will not use your health related information for any purpose other than to provide you with the Services and/or customer support services you request from us, as well as for medical research purposes at our institute.

4. Sharing Your Information:

Except as otherwise described in this Privacy Policy, or if we inform you otherwise at the time of data collection and receive your consent where required, we will not sell, trade, or share your information with third parties. We may share your information as follows:

a. Medical Practices and Physicians: We will share your information with other medical practitioners or medical entities, should you request it. Your information will also be shared with medical practitioners, assistants to medical practitioners, and medical entities that are affiliated with Helix and involved in your care.

b. Service Providers: We may use other companies to perform services including, without limitation, facilitating some aspects of our Application such as processing credit card transactions sending emails, and fulfilling purchase requests. These other companies may be supplied with or have access to your PII, but not to your medical information, solely for the purpose of providing these services to you on our behalf.

c. Business Partners: When you make purchases or engage in promotions offered through our Application, we may share PII, but not your medical information with the businesses with which we partner to offer you those products, services, and promotions. Acceptance of a particular business partner’s offer is deemed an authorization for us to provide your information to that business partner, excluding any medical information.

d. Service Providers: We occasionally will share, on an anonymous basis, information and data on Application users with third party providers who provide targeted services, such as advertising or data analysis on our behalf. This sharing of information does NOT include any PII or medical information.

e. Research Pool: Your medical information may be aggregated into a research pool of data, where medical researchers may look for trends in the response to the care that Helix offers, as well as how the care that Helix provides correlates to conditions you stated to have in your medical history. Your personal identification information will never be aggregated into the research pool of data, meaning that our medical researchers will never be able to associate medical information to you, once it is in our research data pool. Any research that is published or released by Helix will never include patient identities. Helix medical researchers may access your name and medical history when they are compiling data for entry into the research pool.

f. Special Circumstances: We also may disclose your PII, (a) in response to a subpoena or similar investigative demand, a court order, or other request from a law enforcement or government agency where required by applicable law; (b) When disclosure is required or allowed by law in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Application’s terms and conditions or other agreements or policies; or (c) In connection with a corporate transaction, such as the sale of all or a portion of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy, as required or allowed by law.

The personal information and medical information you enter into the Application will be shared amongst medical practitioners and assistants to medical practitioners, and medical researchers, that are affiliated with Helix. Your medical information will also be available to medical entities involved in your care that is being facilitated by Helix, namely blood testing laboratories and licensed pharmacies. You should not enter any information into the Application that you wish to keep confidential.

5. How to Access or Update Your Information:

You have the ability to review and update your personal information, including medical information that Helix may handle for you through your Application account by visiting your Medical Portfolio. You can also review and update your personal information or medical information by accessing your Medical Portfolio. Should there be information you wish to edit that you cannot, please visit or contact your local Helix office.

6. How We Protect Your Information:

We use commercially reasonable administrative, technical, and physical measures to safeguard PII and medical information in our possession against loss, theft and unauthorized use, disclosure or modification. No method of transmission over mobile applications is 100% secure, however. Therefore, while we strive to make all reasonable efforts to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security, on our mobile platform or within our entire data infrastructure. In the unlikely event of a data breach, you will be notified as soon as reasonably possible, in accordance with applicable law. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information, including without limitation any breach of security or for any actions of a Medical Practice, Physician, Pharmacy or blood testing laboratory.

Patients will have the option to “EMAIL” their medical records to outside parties from their mobile device. Commercial email systems often are not HIPAA compliant and patients are advised to realize this before using the “EMAIL” feature offered in the Patient Medical Portfolio.

7. Changes To Our Privacy Policy:

From time to time we may revise this Privacy Policy. If we make revisions that change the way we collect or use your PII or medical information, those changes will be posted in this Privacy Policy and the effective date will be noted at the end of the Privacy Policy. Therefore, you should review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding use of your PII or medical information, your PII or medical information will continue to be governed by the Privacy Policy under which it was subject prior to those changes, unless you have been provided notice of, and have not objected to, the changes.

8. Children’s Online Privacy Protection Act:

We support and acknowledge the Children’s Online Privacy Protection Act (COPPA). Helix will offer services for minors (age 17 and below) but any minor accessing our services must be represented by a guardian at all times, which includes only accessing our mobile app under the supervision of the guardian. It is the Guardian’s responsibility to make sure any minor subscribing to our Services is not using the mobile app without Guardian’s supervision. Any information collected by us about minors will never be shared with third-parties. If you seek Services for a minor, provided that you are the guardian to the minor, you will be responsible for providing information related to the minor and for paying for Services requested for the minor.

9. Severability Clause.

In case any provision in this Supplemental Indenture shall be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.

10. Links to Third Party Sites:

Our Application may contain links to websites or applications operated and maintained by third-parties, over which we have no control. Privacy policies for these third-party sites and applications may be different from our Privacy Policy. You access these third-party sites and applications at your own risk. You should always read the privacy policy of a linked site or applications before disclosing any personal information on such site and/or through such applications. Helix is not responsible for information you submit to third-parties.

10. How to Contact Us:

If you have any questions, comments or concerns about our Privacy Policy, please call, text or email our customer service center: 310-548-9500, customerservice@helixbayarea.com.