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Helix Terms of Service

Last Modified November 30, 2020.

Helix OpCo, LLC and/or its affiliates (“Helix”, “we”, “us”) provide genetic testing services, research services, and related products, services, content and support to you through www.helix.com (the “Site”) or remotely through any related services or applications (collectively, the “Services”). Helix provides the Services subject to the following terms and conditions. By accessing or using the Services, you agree to be bound and abide by these Terms of Service. Please read them with care.

1. Requirements for Use of the Services

By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with Helix and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. You must be a US resident who is 18 years or older to submit a saliva sample or DNA data, create a Helix account or purchase a DNA Product (see below). If you do not meet these requirements, you must not access or use the Services.

2. Additional Terms

Your use of the Services is also subject to any applicable terms, policies or rules that we may post or provide a link to on the Site. As of now, these terms include Helix’s Privacy Policy, Helix's Notice of Privacy Practices, and, as applicable, Helix’s Platform Consent, Data Upload Consent, and Research Consent (if you choose to participate in the Helix DNA Discovery Project). All such applicable terms, policies and rules are considered part of these Terms of Service and incorporated by reference.

3. Description of Services

Genetic Testing, Analysis and Interpretation
The Services include the following features and functions related to genetic testing, analysis and interpretation:

  1. Genomic Analysis. Helix collects, analyzes and stores the data that make up the DNA code of your genes (“Genomic Analysis”). When you provide a saliva sample to Helix, Helix isolates DNA from your saliva sample and performs Genomic Analysis (which includes genomic sequencing) on the DNA. Helix may also enable you to upload your genetic data file (“Uploaded Data”) from time to time. If you upload your data, Helix performs Genomic Analysis on your Uploaded Data. In some cases, Helix or a Helix service provider will perform the interpretation of your data to produce insights about you that you have requested (“Helix Insights”). Your sequenced data and/or Uploaded Data, the data that result from your Genomic Analysis, and any interpretation of that data, are your “Genetic Information.”
  2. Helix Platform. Helix hosts a platform (the “Helix Platform”) where you may obtain Genomic Analysis, purchase products and services that will use, interpret and deliver your Genetic Information, including any Helix Insights (“DNA Products”), and/or participate in a research program supported by Helix (“Research Program”). Some DNA Products are made by third parties with which Helix has partnered (“DNA Product Partners”). DNA Products use only a portion of your Genetic Information to offer a specific experience or service to you. Research Programs are organized by health systems, research institutes, and other third parties with which Helix has partnered (“Research Partners”). Research Partners may receive your Genetic Information, and in some cases may receive your saliva sample and/or DNA, in each case in accordance with your explicit consent for the applicable Research Program.
  3. Helix Account. Helix provides you access to a software platform via a Helix.com account (the “Helix Account”). Your Helix Account allows you to manage your Genetic Information, the DNA Products you purchased, the Research Programs you have chosen to participate in, and other account settings.

For users who submit a saliva sample, Helix performs a type of genomic sequencing called “exome-plus” (Exome+®️) sequencing, which involves sequencing the part of your genome that codes for the proteins that tell your body how to function, or the “exome.” Our sequencing process is able to capture around 98% of the exome. Our current process cannot read the other 2% of the exome that may be important to interpreting how some genes function. We also sequence other parts of your DNA outside of your exome that we believe can be useful for some DNA Products or research projects such as a Research Program. That is why we refer to our sequencing as Exome+®️ sequencing.

At this time, Helix does not perform whole genome sequencing, which reads every letter in a person’s entire genetic code. Helix does not perform genotyping, which uses a different technology called DNA microarray and captures about 1% of the genetic data that Helix captures with its Exome+ sequencing.

Helix may allow you to upload your own DNA data from time to time. When we do, we only accept the specified file types for Uploaded Data.

COVID-19 Testing
The Services also include the Helix®️ COVID-19 Test, which is a molecular diagnostic test intended for the qualitative detection of nucleic acid from SARS-CoV-2, the virus causing COVID-19, in upper respiratory specimens (nasopharyngeal swabs, oropharyngeal (throat) swab, mid-turbinate nasal swabs and anterior nasal swabs). Helix may make the Helix®️ COVID-19 Test available through the Site or through its partners.

4. Changes to these Terms of Service and the Services

We may revise and update these Terms of Service and post the updated Terms of Service on the Site. We will make any new terms available to you through or in connection with the affected Services. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service.

We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.

5. Registering for and Accessing the Services

To access certain features and functions of the Services, including Genomic Analysis, you must create a Helix Account. To establish a Helix Account, you must provide certain information that we request. This information includes:

  • your name and email address;
  • your date of birth; and
  • information we need for quality control in analysis, such as your biological sex.

In some cases, to purchase or access a DNA Product, you must also provide the following:

  • your mailing address and phone number; and
  • your credit card or other billing information.

Your mailing address will be used to send you a Helix DNA Kit (defined below in Section 6) if you order one.

By registering for the Services, you represent and warrant that the registration information you provide is accurate, current and complete. You also agree that all information you provide to us, no matter how you do so, is governed by our Privacy Policy and, as applicable, our Data Upload Consent, Platform Consent, and Research Consent (if you choose to participate in the Helix DNA Discovery Project). You consent to us using your information in ways that are consistent with those policies.

You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms of Service and comply with them.

When you create a Helix Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. Helix cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize Helix to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow Helix to reasonably verify your identity.

If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account.

6. Requesting Genomic Analysis Services

To have your DNA sequenced for use with the Helix Platform, you must receive and use Helix’s kit for the collection of your saliva sample (“Helix DNA Kit”). When you send us a saliva sample using the Helix DNA Kit, you agree to the following:

  • You are submitting your own saliva sample and not the sample of another person.
  • You are 18 years of age or older.
  • You allow Helix to perform Genomic Analysis on any saliva sample you submit. If any of your saliva sample(s) or DNA is left over after genomic sequencing is completed, we may store it for quality control, process improvements, and optimization in our lab, including occasionally updating your Genetic Information to reflect quality improvements and advances in our genomic sequencing. If you have specifically consented for Helix to use or share your saliva sample or DNA with a Research Partner in connection with a Research Program, then we may do so in accordance with that consent.
  • You allow Helix to perform analyses on your genomic sequencing data to generate Genetic Information. You allow Helix to collect, process and store the resulting Genetic Information in accordance with these Terms of Service, our Privacy Policy and, as applicable, our Platform Consent.
  • You allow Helix to share relevant personal and Genetic Information (including Helix Insights) with each DNA Product that you buy or access in accordance with our Privacy Policy and, as applicable, our Platform Consent.
  • You allow Helix to share relevant personal and Genetic Information (including Helix Insights) with each Research Program that you join in accordance with the Research Program’s consent and our Privacy Policy.
  • You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counselor or other qualified health professional before acting on any interpretation. Some DNA Product Partners and Research Partners may provide a consultation with a health professional as part of their DNA Product, service, or Research Program. Helix does not provide consultations with health professionals.

Retesting Policy. We may be unable to process your saliva sample on our first attempt, which may be either due to an issue with the submitted sample or with our laboratory process. If this is the case, we will send you a second Helix DNA Kit to attempt to process your sample again at no charge to you. However, if we are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a second Helix DNA Kit. If your second sample cannot be processed, Helix will refund the cost of your original Helix DNA Kit and any bundled DNA Product.

Data Download. We provide our genomic sequencing Services at a discounted rate so that you can purchase interpretations of specific regions of your genome on-demand. If you wish to download the full dataset of your DNA sequence, you must pay a fee to cover the cost of genomic sequencing. Once you are logged into your Helix Account, you can follow the instructions in your account settings to purchase your Exome+ dataset for download.

Data Upload. If Helix enables you to provide your Uploaded Data for use with the Helix Platform, you must use the online tool provided. When you provide your Uploaded Data, you agree to the following:

  • You are submitting your own genetic data and not the data of another person.
  • You are 18 years of age or older.
  • You allow Helix to perform Genomic Analysis on any Uploaded Data you submit. We may store your data for quality control and optimization.

Helix will treat your Uploaded Data as your Genetic Information. You allow Helix to collect, process and store the resulting Genetic Information in accordance with these Terms of Service, our Privacy Policy, Data Upload Consent, and Research Consent (if you choose to participate in the Helix DNA Discovery Project).

7. Purchasing and Accessing DNA Products on the Helix Platform

The Helix Platform provides a venue for you to purchase DNA Products that use your Genetic Information.

You agree to pay for all DNA Products you purchase, including any taxes and fees that apply. Prices listed in the Helix Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a DNA Product price reduction or promotion.

Helix does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider.

When you purchase or access a DNA Product offered by a DNA Product Partner, you consent to Helix sharing your Genetic Information with the DNA Product Partner consistent with our Privacy Policy and Platform Consent. The Genetic Information shared for a DNA Product is typically the smallest amount of data required to offer the DNA Product and improve it over time. DNA Product Partners will not have access to the rest of your Genetic Information, nor will they have access to your other purchases and resulting genetic interpretations from Helix or other DNA Product Partners. When you purchase or access a Helix DNA Product, you consent to Helix using your Genetic Information to produce Helix Insights for the DNA Product consistent with our Privacy Policy and, as applicable, our Platform Consent or Data Upload Consent.

A new DNA Product may rely on regions of DNA that were not previously used by other DNA Products and that require more quality checks for these regions. Your purchase or access of such a DNA Product may require us to send you an additional Helix DNA Kit to collect a new saliva sample.

Some DNA Product Partners may offer you related product and service purchases within their DNA Product, or they may offer you an opportunity to purchase a subscription for products or services. Such additional purchases are at your option.

Refund Policy. If you decide you no longer want a DNA Product following your purchase, please contact us immediately.

If the purchase includes a Helix DNA Kit, you may request a refund for the Helix DNA Kit and any bundled DNA Product within 30 days of purchase as long as the Helix DNA Kit has not been registered. This refund will deduct shipping and handling fees and a $25 cancellation fee. You can request a refund by calling Customer Success at 1-844-211-2070 and providing your order confirmation number. Once a Helix DNA Kit has been registered, the purchase of the Helix DNA Kit and any bundled DNA Product can no longer be refunded. However, you may close your Helix Account as described in Section 20 below.

For a purchase of a DNA Product that is not bundled with a Helix DNA Kit, including a DNA Product purchase for use with Uploaded Data, you may request a refund of the DNA Product within 30 days of purchase as long as the DNA Product activation code has not been registered. After a DNA Product’s activation code has been registered, the DNA Product is not subject to refund by Helix. This policy is due to the informational nature of many DNA Products. Each of our DNA Product Partners may have a separate return policy, and you should contact our DNA Product Partners directly for questions about their policies.

Some DNA Product purchases are reviewed by a physician from an independent provider network to make sure the product is appropriate for you. In the event that your reviewing physician decides that the requested DNA Product is not appropriate for you, Helix's Customer Success team will work with you to provide a refund. You will have the option to still be sequenced by Helix at this time in which case the refund will deduct the amount you paid for the Helix DNA kit plus shipping and tax. If you choose not to be sequenced by Helix at this time, you will receive a full refund, and you may close your Helix Account as described in Section 20 below.

Discontinued DNA Product. From time to time, a DNA Product may no longer be offered on the Helix Platform (“Discontinued DNA Product”). Helix and/or the DNA Product Partner that offered the DNA Product will endeavor to provide you sufficient notice prior to the date that a DNA Product will be discontinued (“Discontinued Date”) so that you may retrieve your results or any other purchased benefits in case they will no longer be available on or after the Discontinued Date. If you have not already returned your saliva sample for a Discontinued DNA Product, you may do so before the Discontinued Date, subject to our Replacement Policy below. Samples will not be accepted or processed for a Discontinued DNA Product after the Discontinued Date.

Replacement Policy. We must receive your saliva sample prior to the expiration date printed on your Helix DNA Kit to assure the quality and accuracy of your Genetic Information. Helix will not accept or process a Helix DNA Kit that we receive after the kit's expiration date. If you have a Helix DNA Kit that has expired within 1 year of shipment, you may contact Customer Success to request a replacement kit for a $25 replacement fee plus shipping and tax. If Helix receives your Helix DNA Kit after the kit's expiration date but within one year of shipment, we will give you the option to receive a replacement kit for a $25 replacement fee plus shipping and tax. Notwithstanding the foregoing, if you receive your Helix DNA Kit in connection with your enrollment in a Research Partner’s Research Program, we must receive your saliva sample before any deadline communicated by the Research Partner. Helix will not accept or process a Helix DNA Kit that we receive after such deadline or if the Research Partner otherwise informs Helix that you are not eligible for their Research Program. If your Helix DNA Kit is lost or damaged, please contact Customer Success for help with replacing your kit. Depending on the circumstances, a fee may apply.

Offer Codes. From time to time, Helix may offer discount codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offers codes are redeemable towards a purchase on Helix.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by Helix at its sole discretion. Only valid offer codes provided or promoted by Helix will be honored at checkout. Codes that are supplied or promoted by third parties without Helix’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Helix is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. These offer codes do not include Helix Promotional Cards or Helix E-Gift Cards. If you have received a Helix Promotional Card or Helix E-Gift Card and have questions, please submit a request here: https://support.helix.com.

Spokespersons. From time to time, Helix may engage spokespersons, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the Helix brand. When you receive an offer code from a third party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Helix for their statements or representations.

8. Content of DNA Products

You may choose which interpretations you would like to receive based on these descriptions and your own judgment. Helix may provide some Helix Insights to DNA ProductPartners to facilitate the interpretations provided to you through their DNA Products. However, DNA Product Partners are responsible for the content of their DNA Product(s), including the scientific basis of each product and the information each product provides. As part of its product review process, Helix evaluates the scientific quality behind all DNA Products on the Helix Platform. For more details on our scientific evaluation process, please click here. We ask that you report any DNA Products that you believe does not conform to quality standards or violate our Helix Platform policies. You can report these issues to Customer Success.

You acknowledge that Helix is neither responsible nor liable for the content, quality, interpretations or recommendations of DNA Products provided by DNA Product Partners. Helix assumes no liability, obligation or responsibility in connection with any transactions between you and any DNA Product Partner. These transactions are entirely at the risk of you and the DNA Product Partner. If you have a dispute with a DNA Product Partner, you release Helix (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

We urge you to read the DNA Product Partner’s terms of service, privacy policy, and/or product consent relating to any DNA Product with care before purchasing.

9. Participation in research

Helix may engage in genomic research and may invite you to make available to Helix your Genetic Information and other information you provide about yourself for research purposes. Upon registering your Helix DNA Kit or uploading your DNA data, or in your Helix account settings, you will have the opportunity to choose to participate in the Helix DNA Discovery Project by providing your Research Consent. Consistent with our Research Consent, we will only use your Genetic Information for research purposes with approval from an institutional review board (IRB) and with your consent.

If you choose to participate in a Research Partner’s Research Program, Helix may share your saliva sample, DNA, and/or Genetic Information, up to and including the full Exome+ sequencing data set, with the Research Partner in accordance with your Research Program consent. If you withdraw from the Research Program, in accordance with the instructions in the Research Program consent, it is the responsibility of the Research Partner to inform Helix of your withdrawal. Once we have been informed of your withdrawal, Helix will no longer share your saliva sample, DNA, and/or Genetic Information with the Research Partner for the Research Program. The Research Partner’s use of your sample, DNA, and/or Genetic Information will be governed by the Research Program consent.

10. Communications

You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Helix Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services.

Please do not include any protected health information or other sensitive information when you contact Customer Success. If you have questions or concerns about Helix’s use or disclosure of protected health information specifically, please contact Helix’s Privacy Officer at privacyofficer@helix.com. Note that inquiries sent through the Customer Success portal, or emails sent to privacyofficer@helix.com (unless you have an email encryption service) are not encrypted or secure. You may choose to send your questions or concerns about Helix’s use or disclosure of protected health information to the following address instead:

Helix OpCo, LLC
Attn: Privacy Officer
101 S Ellsworth, Suite 350
San Mateo, CA, 94401

You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.

11. Intellectual Property Rights; Limited Right to Use

The Services, Site and their entire contents, features and functionality (including but not limited to all information, software, code, algorithms, databases, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Helix and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Helix grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2019 Helix OpCo, LLC or its affiliates. All rights reserved.”. Except as permitted by this limited license, you must not reproduce, copy, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, sell, resell, exploit, transfer, or transmit for any commercial purpose any of the content on the Site. If you wish to make any use of content on the Site or Services other than as set out in this section, please contact Customer Success.

Helix grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. Helix DNA Kits and DNA Products may be purchased as gifts for others where permitted on the Site or through authorized distributors of Helix. However, Helix DNA Kits may not otherwise be resold, distributed, transferred or used for any purpose other than using the Services yourself without the express prior written agreement of Helix. Except for your rights to DNA Products you purchase or access (in accordance with the terms of the applicable DNA Product Partner), no other right, title or interest in or to the Services or any content on the Services is transferred to you. Helix reserves all rights not expressly granted.

If you provide Helix with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that Helix may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

12. Trademarks

Helix and the Helix design logo, as well as MYHELIX, EXOME+, FOLLOW YOUR DNA, HELIX DNA DISCOVERY KIT, and the Helix App icon, are trademarks of Helix. You must not use these trademarks without the prior written permission of Helix. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

13. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:

  • use the Site in any way that could disable, overburden, damage, or impair the Site;
  • use the Site in any way that could interfere with any other party’s use of the Services;
  • reverse engineer, copy, modify or create derivative works of the software used in the Helix Account, the Helix Platform, any application provided as part of the Helix Services, or any DNA Product;
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, unless explicitly permitted by Helix;
  • market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site (excluding your Genetic Information), for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise;
  • engage in framing, mirroring, or otherwise simulating the appearance or function of the Site or Services;
  • use any device, software or routine that interferes with the proper working of the Site;
  • introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
  • attempt to bypass methods that Helix may use to prevent or restrict access to the Site or Services;
  • access or attempt to access another customer’s Helix Account; or
  • otherwise attempt to interfere with the proper working of the Site.

14. Third Party Content; Links from the Site

The Site may include content provided by third parties, such as DNA Product Partners, Research Partners, other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing the content. Such content may not reflect the opinion of Helix. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party content.

If the Site contains links to other sites and resources provided by third parties, including DNA Product Partners and Research Partners, it provides them for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third party websites linked to this Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.

15. Geographic Restrictions

Helix is a United States company and provides the Services in the United States. We make no claims that the Services or any of its content are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative. If you do so, you will be responsible for compliance with local laws.

16. Notice of Limitations

Our genes influence many traits in our lives. At Helix, we believe in giving you access to your Genetic Information. This access can help you further your own self-discovery about your traits. But before you subscribe to our Services, you should be aware of what genetics can and cannot tell you.

In considering a purchase of or access to the Services or any DNA Product, you should be aware of certain risks and limitations of genetic testing and interpretation. These include the following:

Genetics is an evolving field of study

  • DNA Products are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A DNA Product based on the current state of knowledge may have a different interpretation in the future.
  • Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait. Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid.
  • Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. As such, some DNA Products may reveal variations in your DNA that they cannot currently interpret.
  • DNA Products provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background.

Genetics cannot tell you everything about yourself

  • There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait.
  • The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait.
  • In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low.
  • Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait.
  • In some cases it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height).

You may discover information that causes you distress

  • You cannot unlearn the knowledge you gain from a DNA Product. Some people prefer not to know their Genetic Information for some traits.
  • You may discover Genetic Information that you do not expect. In some cases this information may be interesting. In other cases it may lead to unintended reactions such as anxiety, depression or distress. Examples of these include:
    • discovering an unexpected genetic risk for a health condition;
    • information about ancestral roots that differs from prior expectations; or
    • the discovery of misattributed paternity within a family.
  • Helix allows you to select which insights you would like to receive by purchasing or accessing DNA Products. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing or accessing a DNA Product.

There may be errors in processing your sample

  • Helix takes its laboratory quality very seriously. Our laboratory meets quality control standards set by the Clinical Laboratory Improvement Amendments (CLIA) and the College of American Pathologists (CAP).
  • Despite our focus on quality, problems with our genomic sequencing process may occur from time to time. These problems may result from sample misidentification, a contaminated sample or insufficient DNA:
    • We continuously perform quality control on our processes and procedures. Even so, errors may result during data generation in the lab and in the processing of the data on servers.
    • It is possible that during genomic sequencing, a part of your Genetic Information will not meet our quality thresholds. Based on our standards, that part of your Genetic Information will not be available for interpretation. You may not be able to purchase or access a DNA Product if it requires Genetic Information that is not available for you.
    • If you believe your sample has been misidentified, please contact Customer Success for help. Please see our retesting and return policies.

Some DNA Products may use different data

  • If you have only uploaded your data, certain DNA Products may not be able to use your Genetic Information.
    • Your Uploaded Data has fewer uses than sequenced data. Your Uploaded Data are also less complete than sequenced data.

Revealing your Genetic Information may affect your privacy

  • Some DNA Products may request that you share your Genetic Information, for research or social reasons. You may also wish to publicly share results on your own.
  • You should be careful about sharing your Genetic Information with others and know the consequences before doing so.
  • Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future.
  • Please see our Privacy Policy for further information about how we handle your Genetic Information and your options for disclosure of such information.

Your results may have implications for your relatives

  • Your biological relatives will share some portions of your DNA. Because of this fact, some information you receive from DNA Products you access may have implications for them as well.
  • Genetic Information can reveal information that is surprising to you or your family. For some DNA Products, information you receive may reveal unanticipated insights about your family. (For example, you could discover that you or someone in your family is not related by blood to the rest of the family.) For other DNA Products, information may show that other relatives are at risk for a health condition they did not know about before.
  • It is important to consider how information you learn may have a positive or negative impact on members of your family. Some of your family members may not want to know about such Genetic Information.
  • If you have questions about how to share sensitive Genetic Information with relatives, you should speak with a qualified healthcare provider, such as a genetic counselor.

You may receive information about your health

  • Not all DNA Products can or will analyze your Genetic Information for risks to your health.
  • If a DNA Product analyzes your Genetic information for health purposes, the DNA Product may suggest actions or interventions that you can take related to your health. However, DNA Products do not have a complete view of your health history. Before you act on any health information provided through DNA Products, please first consult with a healthcare professional.
  • Not all Genetic Information can or should be acted upon. If you have questions or concerns, you should speak with a health professional such as a physician or genetic counselor prior to purchasing a DNA Product. You can locate a genetic counselor near you using the online “Find a Genetic Counselor” directory provided on the National Society of Genetic Counselors website.
  • The results of DNA Products should not be used to diagnose or treat any medical condition. You should consult a qualified healthcare provider before you take medical action.
  • Not all scientific and health interpretation claims from Partners have been validated by the scientific and/or medical community or the Food and Drug Administration (“FDA”). DNA Products that have been approved by the FDA will be labeled as such on the Helix Platform. However, not all DNA Products on the Helix Platform require approval by the FDA.

17. Disclaimer of Warranties

Helix makes its best efforts to perform accurate Genomic Analysis and to offer DNA Products of high quality. However, we do not warrant the accuracy, completeness or usefulness of the Services, nor do we endorse, warrant or guarantee the DNA Products or Research Programs, including, without limitation, any descriptions, prices, products and product warranties, or other information posted byDNA Product Partners, Research Partners, or other vendors.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING DNA PRODUCTS, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER HELIX NOR ANYONE ASSOCIATED WITH HELIX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER HELIX NOR ANYONE ASSOCIATED WITH HELIX REPRESENTS OR WARRANTS (i) THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (ii) THAT DEFECTS WILL BE CORRECTED, (iii) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (iv) THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HELIX AND ALL PARTIES ASSOCIATED WITH HELIX HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation of Liability

IN NO EVENT WILL HELIX, HELIX PARTNERS, HELIX AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnification

You agree to defend, indemnify, and hold harmless Helix, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.

20. Account Closure

You may discontinue use of the Services at any time. You also have the right to close your Helix Account at any time through your Helix Account settings. In keeping with our Privacy Policy, if you close your account, your information will no longer be accessible through the Site or Services. We cannot restore access to your Helix Account after it has been closed. You will be unable to purchase another DNA Product on the Helix Platform unless you create a new Helix Account and provide another saliva sample for Genomic Analysis. Genetic Information that has already been transferred to DNA Product Partners or Research Partners may not be able to be removed or de-identified from Partners’ databases by Helix. You may also request that Helix delete your data, in accordance with the process described in our Privacy Policy.

If you violate these Terms of Service, Helix has the right to terminate your access to all or part of the Services.

21. Dispute Resolution

If a dispute arises between you and Helix, you agree to first contact Customer Success or privacyofficer@helix.com (if regarding your protected health information) to seek a resolution. If we are not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:

  • Such dispute will be resolved through binding arbitration rather than in court.
  • This arbitration will be administered by the American Arbitration Association (“AAA”).
  • Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.
  • The arbitration will be conducted in the English language.
  • Any arbitration hearing will be held in San Mateo County, California.

If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and Helix both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You and Helix agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Helix agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If this Section 21 is found to be unenforceable, then this Section 21 will be null and void. In such case, you and Helix agree that the exclusive jurisdiction and venue described in Section 24 will govern any action arising out of or related to these Terms of Service.

22. Waiver and Severability

No waiver of these Terms of Service by Helix shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Helix to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

23. Entire Agreement

These Terms of Service, our Privacy Policy and, as applicable, our Platform Consent, Data Upload Consent and Research Consent (if you choose to participate in the Helix DNA Discovery Project) constitute the sole and entire agreement between you and Helix with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

24. Miscellaneous

These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Helix agree to exclusively litigate such disputes in the state courts located in San Mateo County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. Helix may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Helix and you are not legal partners or agents of one another.

25. Your Comments and Concerns

If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Helix’s Customer Success team or email privacyofficer@helix.com (if regarding your protected health information). You may contact Customer Success at https://support.helix.com/hc/en-us at https://support.helix.com/hc/en-us or 1-844-211-2070.

Privacy Practices

For information regarding collection, use, and disclosure of your medical information, please review our Notice of Privacy Practices. For information regarding how we otherwise collect, use, and disclose personal information collected through our Site and in connection with Helix’s genetic testing, analysis and interpretation services, please review our Privacy Policy.