Terms and Conditions of Helix MWR:
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.
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: firstname.lastname@example.org.
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.
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.
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:
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 email@example.com.
9. CANCELLATIONS AND SUBSCRIPTIONS:
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 the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, 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. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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:
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.
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.
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:
Helix MWR issues a balance to all patients, meaning they are responsible for paying for their services, medications and supplies in full, in accordance with the itemization below. All patients at Helix MWR agree to monthly billing (usually in amounts between $200 to $2000 monthly) with the understanding that such billings will go towards paying down the patient’s balance with Helix MWR. When a patient receives medication, has a blood report issued, has had a practitioner consult of any kind, or has had a blood draw, a 60-day contract will be enforced, meaning the patient must pay whatever monthly fee has been agreed upon for at least 60 days after the said service has been issued. Should a patient cancel 61 days after a practitioner consult, blood draw, lab report issuance, or receipt of medications, then Helix MWR will forgive the rest of whatever remaining balance the patient owes to Helix MWR (but prior payments made to Helix MWR, towards satisfying the patient’s balance, will not be refunded). Patients who do not cancel, will continue to pay off their balance by being charged monthly.
Helix itemized charges are as follows: Helix MWR charges $3000 per laboratory test panel, $1000 per practitioner phone consult, $500 per blood draw, and $1000 per Mobile Nurse Practitioner visit. Helix MWR charges $1000 monthly to host a patient’s medical record (including an initial charge of $1000 upon opening a Helix MWR account). Helix MWR charges $1000 monthly for concierge services (including an initial $1000 upon opening a Helix MWR account). The Medication fee and supply schedule is as follows: Testosterone (any form) – $300 per mg, Anastrozole – $100 per mg, HCG – $250 per 10 units, Pregnenolone – $150 per mg, Oxytocin – $150 per 10 units, Tryptophan – $300 per mg, Sermorelin – $100 per mcg or $1000 per ml (whichever is larger), GHRP-2 – $500 per ml or per mg, GHRP-6 – $500 per ml or per mg, B12 – $50 per ml, Glutathione – $50 per mg, Gaba – $100 per mg, Viagra (generic) – $50 per mg, Cialis (generic) – $50 per mg, AOD 9604 – $50 per mg, Cysteine – $100 per mg, Glycine – $100 per mg, Methionine – $100 per mg, Serine – $100 per mg, Succinic – $100 per mg, Theanine – $100 per mg or ml, Tyrosine – $100 per mg, NAD/NADH – $100 per mcg, Ketoglutarate – $100 per mg, Glutamate/Glutamic Acid – $100 per mg, Oxaloacetate – $100 per mg, Pine Bark Extract – $100 per mg, Syringes – $10 per syringe.
It is at Helix MWR’s discretion to decide what a patient’s payment will go towards in terms of covering services. Illinois patients of Helix MWR may not be charged for prescriptions; they are charged for all other elements of their Helix MWR subscription, including consults, blood testing, medical record hosting and concierge services.
Every time a service is rendered (medications sent out, practitioner consult, laboratory report, etc) Helix MWR will charge for that service, according to the monthly schedule above, until all costs have been recouped from whatever monthly fee the patient has agreed to ($250 to $1000 monthly for most patients). By agreeing to become a patient with Helix MWR, you are agreeing to have a balance issued, that you are agreeing to pay off. You are also agreeing to pay your balance in monthly payments that Helix MWR will offer you, depending on the location you are accessing services from (agreed upon monthly payment rates can be anywhere between $200 to $2000 monthly).
Helix MWR is obligated to test all collected blood samples (unless sample is damaged in transportation). Any patient whose blood is drawn is now obligated to a 60 day contract, for the purpose of recouping costs related to lab testing.
In the circumstance that a Helix MWR patient has not received medications, lab testing or a practitioner consult with Helix MWR, and has also not cancelled his/her account with Helix MWR (after opening an account with Helix MWR), Helix MWR will continue to charge the agreed-upon monthly fee, until all costs are recouped for the services that the patient received while with Helix MWR. Should Helix MWR collect all necessary fees for a patient who is still being charged, but patient has not accessed services for 4 months or more, the monthly service charge will go towards the medical administrative team in charge of monitoring patients. Itemized billing for patients who have not accessed services for 4 months or more, but who have not cancelled, is $500 monthly. The responsibilities of the medical monitoring team are as follows: (1) Determine which patients in the Helix MWR system are active, but have not received services, (2) potentially contact patients who have not received services within 4 months, (3) be available to handle and refer emergency situations for the patient, (4) continue to offer concierge service to the patient, and (5) keep the patient’s medical record active and continually updated within the Helix MWR system. If a patient has not cancelled, Helix MWR still considers that patient to be active within the Helix MWR system, and will charge fees to recoup costs for monitoring the patient and keeping his/her medical portfolio active.
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.
The charges listed on receipts from Helix MWR represent your contribution towards services that were rendered. Service costs may be different for each patient, on the basis of their age, gender, and factors related to their healthcare record. Some patients receive continual-discounts on their Helix MWR memberships. In the scenario that there are costs that are not reported, it is likely because such costs were not charged, as the discount was applied to those services. Services and supplies that obligate you to a payment contract with Helix MWR, are still enforced, even in the event that the service may have been discounted in some manner. Patients who open accounts with Helix MWR are paying for the availability of Helix MWR’s concierge team, active technological maintenance of their medical portfolio, and use of the Helix MWR mobile app. Clients who request receipts from Helix MWR, for the purpose of qualifying Helix MWR for acceptable expenditures for Health Savings Accounts (HSA) or Flexible Spending Accounts (FSA) will receive receipts that represent an estimate of what they have paid for healthcare services that have been facilitated by Helix MWR; in this scenario, clients must check with the organizations that host their HSA and FSA accounts (or clients must use their own judgement, if they have opened the account independently) to decide whether the receipts with estimates can qualify the client to certify Helix MWR as acceptable under the parameters of HSA and FSA account expenditures. All patients who want to use Helix MWR for HSA or FSA expenditures, are responsible for making sure that the can use their HSA and FSA account towards expenditures with Helix MWR. Clients who want to use an FSA/HSA account for Helix MWR expenditures, but cannot, due to the fact that a receipt of estimates is not accepted, are required to not use Helix MWR for HSA/FSA expenditures. Some institutions will accept receipts with estimates – again, it is the patient responsibility to qualify expenditures with Helix MWR as acceptable for HSA/FSA payment. In the event that an institution hosting the client’s HSA/FSA account, or an institution that has any kind of authority over the client’s HSA/FSA account, including state agencies and the Internal Revenue Service, decides, after services have been paid for from the client’s HSA/FSA account, that the services with Helix MWR are not acceptable for HSA/FSA expenditures, it is now the client’s responsibility to fully remedy the billing issue and repay the funds into the HSA/FSA account. Helix MWR will keep all monies paid, in the situation of an HSA/FSA expenditure being marked as invalid, for the purposes of paying for the services already rendered to the client.
As a patient with Helix MWR, you waive your right to an itemized receipt. Helix MWR does not contract with Medicare or Medicaid, and is not responsible for providing receipts that qualify for presentation under the terms specified by Medicare and Medicaid policies. Helix MWR is not in-network with any health insurance companies or entities. Helix MWR does not provide superbills to health insurance companies or entities. In the event that the patient has not received a service in the form of a blood test, medications, or practitioner consult, from Helix MWR, in the last four months, the monthly charges applied to the patient will be contributed towards the technological costs of maintaining the patient’s electronic medical portfolio, continued availability of our concierge team, use of the Helix MWR mobile app, and payment towards administrators responsible for tracking patients who have not received medications, blood tests, or had a practitioner consult in over six months. Helix MWR retains medical administrators whose responsibility it is to: (1) catalogue which patients have not received lab tests, medications or practitioner consults, (2) potentially contact the patients who have not received a lab report, medications or practitioner consults within the last eight months, and (3) the administrators will also continually decide if the patient is in medical danger or needs emergency intervention. If a patient has not cancelled service with Helix MWR, then under various state laws, Helix MWR will keep that patient active in the Helix MWR system, prepare to spend the proper funds on behalf of his/her care, and be ready to administer care immediately, with expediency that satisfies state and federal laws. Helix MWR takes on a larger cost for providing services to patients who are not receiving blood tests, medications or practitioner consults, due to the obligations placed on administrators. By accepting services from Helix MWR, the client agrees to the all of the policies outlined in this section.
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, a lawsuit against Helix MWR will be referred 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