TERMS & CONDITIONS –
Helix Mobile Wellness and Research
September 1, 2015
Do not use this application 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.
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 balance and vitamin balance, 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 optimally balanced hormones and vitamins will lead to a higher quality of life. Our goal is assist you in reaching your optimal health by making sure that your vitamin and hormone levels are balanced. We do this thanks to our proprietary technologies that will assist in coordinating your vitamin and hormone balancing therapies.
Helix does not sell hormones or vitamins; we provide 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 prescribed 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, 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 determined by a licensed medical 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.
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. 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 compiling and 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.
Medical decisions made on your care will only be made by licensed medical practitioners. All research aspects of Helix have been approved by licensed medical practitioners 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 compliant with the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996. Our Application and Website are both compliant with HIPAA. The only parties who will see your identifying documents, along with medical information, are those who are directly involved with your medical care at Helix, in the capacity of diagnosing conditions, prescribing medication, providing medication, testing your blood, or anyone assisting in those aforementioned endeavors. 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. All communications between parties, in providing you care, will be done through HIPAA compliant channels of communication. All communications between parties, in handling research that involves your medical data, will be done through HIPAA compliant channels of communication. All other parties within Helix, who are not directly involved in your medical care or the compilation of medical research sanctioned by Helix, will not see your identifying documents.
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 balance, 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 Adminstration (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.”
Patients who subscribe to Helix’s hormonal balancing services should not use any additional hormone treatments or therapies. Patients who subscribe to Helix’s vitamin balancing services should not use any additional vitamin treatments or therapies.
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 balance 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 vitamin and hormone prescriptions.
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:
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 our 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 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.
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 only be made 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. All storage and communication of your medical data, in regard to both improving your health and researching it, will be handled over communication channels that are HIPAA compliant. 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 balanced 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 subscribers and Patients to our hormone balancing services are required to donate and/or draw blood (under proper medical attention) at least four times a year. It is the Patient’s responsibility to make sure you follow-up on drawing your blood, 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 blood drawing services for a cost.
Improper quality of life symptoms, particularly chronic fatigue, depression, obesity, sexual dysfunctions, infertility, autoimmune disorders, menopause, issues related to aging, and addictive tendencies, can be a sign of cancer. All Patients who subscribe or purchase services from Helix, including vitamin balancing or hormone balancing (or both), should speak to their primary care doctor/s about cancer, so as to make sure that negative quality of life symptoms are not being caused by cancer and/or any other serious medical condition.
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.
Patients with a history of blood clotting issues, or with a family history of blood clotting disorders, should not take hormone balancing medications. Patients with diabetes should consult the doctors managing their diabetes before taking prescribed hormones or vitamins.
The research on vitamin balance and hormonal balance, 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. Helix does not anticipate or expect catastrophic medical complications to arise in Patients, particularly because, while our company strives to balance your hormones and vitamins at optimal levels, we will not exceed the optimal levels, as recognized by the National Institute of Health (NIH). 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 and information provided by the medical practitioners 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 doctors 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.
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:
8. BILLING 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.
9. CANCELLATIONS AND SUBSCRIPTIONS:
If you choose to cancel your subscriptions or Services with Helix, all you have to do is call or visit your local Helix office. We will refund any fees you have paid for unused Services on a pro-rated basis. Helix reserves the right, at its sole discretion, to refuse to offer its Services and Application to any user. If we refuse to offer you Services after you have paid a subscription fee, Helix will reimburse the unused portion of that fee.
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 or visit your local Helix office and inform us of your decision to terminate your subscription. You must cancel your Membership before it renews in order to avoid billing of any applicable subscription fees.
Helix may change the price of its services at any time, without notice. It is the responsibility of the Patient to stay current on what our prices are.
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.
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. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in San Francisco, California. 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. 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.
16. 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.
Date last modified: September 1, 2015