Terms of Service

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 biological sample, create an account with Helix, or request genomic analysis from Helix. If you do not meet these requirements, you must not access or use the Services.

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 this site. All such applicable terms, policies and rules are considered part of these Terms of Services and incorporated by reference. As of now, these terms include Helix’s Privacy Notice and Helix’s Notice of Privacy Practices. We encourage you to review those documents to understand how Helix processes your personal information and protected health information. Your use of the Services is additionally subject to any research consent you sign. If you are interested in participating in a research program sponsored by Helix or Helix’s research partners, you will be provided with a consent form at the time of enrollment. The consent form will include more information to aid in your decision to enroll in the program.

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

• Exome+®️ Sequencing. For users who submit a biological sample, Helix isolates DNA from your biological sample and performs a type of genetic 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 genetic testing services and/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, a process which reads every letter in a person’s entire genetic code. Helix does not perform genotyping, a process which uses a different technology called DNA microarray and captures about 1% of the genetic data that Helix captures with its Exome+ sequencing.
• Genomic Analysis. Helix or a Helix service provider will analyze your genetic sequencing data to produce results about you or interpretations of your genetic data that you or your provider have requested. Your sequenced data, the data that result from your genomic analysis, and any interpretation of that data, are your “genetic information.”

Helix Account. You may access some of our Services by signing up for an account with Helix and providing us with some personal information (typically your name, email address and a password). This account information is used to authenticate you when you access our Services and protect your account from unauthorized access by others. Your Helix account will allow you to manage your genetic information, your participation in research programs you have chosen to enroll in, and other account settings. Receiving certain results as part of your participation in a research program requires you to create a Helix account, as described in the applicable research program consent.

To access certain features and functions of the Services, including viewing genetic information and test results, you must create an account with Helix. To establish an account, you must provide certain information that we request. If you are unable or unwilling to provide this information, you may not be able to participate in the Services.

By registering for the Services, you represent and warrant that the registration information you provide is accurate, current and complete. You also acknowledge that all information you provide to us, including personal information, no matter how you do so, is governed by our Privacy Notice and the applicable research consent you sign, if you choose to participate in a research program.

Internet access is required to use the Services through your account. 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 the security of your account that you become aware of. You also agree to sign out of 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 Helix account.

Participation in research

Helix may engage in genomic research and may invite you to make available to Helix your genetic information and self-reported information for research purposes. Upon registering your Helix kit and creating a Helix account, you may have the opportunity to choose to participate in the research programs offered through Helix. We will only use your genetic information for research purposes with your consent or approval from an institutional review board .

If you choose to participate in a research program, Helix may share your biological 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, as described in the research consent. The research partner’s use of your sample, DNA, and/or Genetic Information will be governed by the research program consent.

Genomic Analysis Services

To have your DNA sequenced in connection with a research program or clinical service, you must send us a biological sample. Biological samples can be submitted in one of two ways: (1) using Helix’s kit for the collection of your biological sample (2) providing a biological sample at a laboratory or clinical facility. When you send us a biological sample, you agree to the following:

• You are submitting your own biological 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 biological sample you submit. If any of your biological sample(s) or DNA is left over after genetic sequencing is completed, we may store it for quality control, process improvements, and optimization in our laboratory, including occasionally updating your genetic information to reflect quality improvements and advances in our genetic sequencing research and technology. If you have specifically consented for Helix to use or share your biological 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 genetic 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 and our Privacy Notice.
• You allow Helix to share relevant personal and genetic information (including genetic results) with each research program that you join in accordance with the research program’s consent and our Privacy Notice.
• You understand that health-related interpretations returned through your Helix account 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 research partners may provide a consultation with a health professional as part of their research program.

Discontinued DNA Products and Services

The Services previously included the opportunity to purchase DNA products that used your genetic information via the Helix platform. These products are no longer offered by Helix, and the experience has been replaced with the Helix account. If you have any questions regarding a DNA product or the use of your genetic information as part of a previously purchased DNA product offered by an entity other than Helix, please contact the company that offered the DNA product directly. The Privacy Policy, Platform Consent and Terms of Service under which you established an account with Helix still applies to your account and the products you previously purchased. Click here for a copy of these terms.

COVID-19 Testing

The Services previously included the Helix®️ COVID-19 Test. If you have any questions about Helix’s legacy COVID-19 Test services, you should contact Helix’s Customer Success team at https://support.helix.com/hc/en-us or 1-844-211-2070.

We may revise and update these Terms of Service and post the updated versions on www.helix.com, as well as make them available to you through 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.

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 or through the 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 review Helix’s Notice of Privacy Practices or 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, Inc.
Attn: Privacy Officer
400 S El Camino Real, Suite 300
San Mateo, CA, 94402

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.

The Services, this 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, revocable license to copy and distribute, for non-commercial purposes, any non-code content on this site, provided that you distribute such content (i) as it appears on this site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, this site or Services; and (iii) with the following attribution “© 2025 Helix, Inc. 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 this site. If you wish to make any use of content on this 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 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 genetic testing services you purchase, use or access, 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, 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.

Helix and the Helix design and shapes logos, as well as MYHELIX, EXOME+, and SEQUENCE ONCE QUERY OFTEN, 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 Services are the trademarks of their respective owners.

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 this site in any way that could disable, overburden, damage, or impair this site;
• use this 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;
• use any robot, spider or other automatic device, process or means to access this site for any purpose, including monitoring or copying any of the material on this 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, this 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 this site or Services;
• use any device, software or routine that interferes with the proper working of this 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 this site, the server on which this site is stored, or any server, computer or database connected to this site;
• attack this 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 this site or Services;
• access or attempt to access another customer’s Helix account; or
• otherwise attempt to interfere with the proper working of this site.

This site may include content provided by third parties, such as 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 this site contains links to other sites and resources provided by third parties, including research partners, such links are provided to you for 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 sites linked to this site, you do so at your own risk and subject to such sites’ terms and conditions and privacy policies.

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.

Benefits

We intend for you to benefit from our Services. You may do so by learning about yourself through participation in population genetic health research programs or by receiving clinical diagnostic tests ordered through your healthcare provider.

What you learn may be useful in a number of ways. You may be able to apply what you learn to your health, wellness, family planning, or general curiosity about your genetics. How you benefit may change as your interests, needs, and motivations change throughout your life. You may benefit later in ways that we can’t predict today.

You may benefit from having genetic testing performed through Helix, whether that testing is done through a research study or through diagnostic testing ordered by your healthcare provider. Benefits of genetic testing may include:

• Learning information that could be important to your health. This may include diagnosing genetic conditions to help guide your medical management. It may also include identification of genetic variants that cause an increased risk of disease, which may allow you to pursue prevention and early detection.
• Learning information that could impact the health of your family members. Genetic information is often shared among family members. If you are diagnosed with or found to be at risk for disease based on your genetic information, this may be important for your family members, who may also be at risk.

If you are participating in a research program, please see the research program consent for a description of the possible benefits from participating in the research program.

Risks

There are some risks that come with using our Services.

You may discover genetic information that you do not expect. In some cases, this information may be helpful to inform your medical care, or in the case of ancestry and traits, interesting for you to learn. In other cases, discovering certain results may lead to unintended reactions such as anxiety, depression or distress. Examples of these include: (a) discovering an unexpected genetic risk for a health condition; (b) information about ancestral roots that differs from prior expectations; or (c) the discovery of misattributed paternity within a family.

Since you share DNA with your blood relatives, what you learn could also affect them. If genetic testing is performed on several members of a family, there is a possibility that testing may reveal unexpected family relationships, for example that the presumed father of a child is not the biological father. This information will only be provided by Helix if it is necessary for correct test reporting.

Before you share genetic results obtained through Helix with other entities, services or people, you should carefully consider the consequences of doing so. Genetic information that you choose to share with your health professional may become part of your medical record, similar to other types of health information such as diagnosis of a condition, or your smoking status. Like all health information, it is important for healthcare providers to be aware of the existence of genetic disease so that they can take informed action with regards to your care. Including this data in your medical record also means it could be accessible to other health professionals and possibly insurance providers in the future.

Under the Genetic Information Nondiscrimination Act (GINA), if you work for a company of 15 or more people, your employer is prohibited from asking you about your genetic information. They are also barred from using any genetic information in hiring or other employment decisions. Your health insurer cannot use genetic testing information in decisions about coverage and health premiums. This restriction only applies to employment and health insurance companies. For example, companies that offer life, long-term care, or disability insurance are not covered by GINA. Neither are the US Armed Forces. Some states have safeguards on top of the safeguards in GINA. You should be aware of the laws in your state and be careful with whom you choose to share your genetic information.

Helix implements comprehensive security protocols and strict policies to safeguard your personal information, including your name, contact details, and genetic data. As with any digital information system, no security measures can be 100% guaranteed. There remains a very small possibility that unauthorized access to your data could occur that would allow someone to connect your genetic information back to you. Helix has in place security measures and response procedures to address and mitigate potential vulnerabilities.

Helix may need to share details about you with regulators and law enforcement. These details may include your genetic information. We will only share these details if we are compelled by law to do so. Please see our Privacy Notice for further information about how we handle your genetic information and your options for disclosure of such information.

Lastly, each genetic testing service and research program has its own risks, benefits, and limitations. You should take care to review the consents associated with these Services and weigh the risks, benefits, and limitations of each service or program. You may want to discuss these considerations with a specialist before or after you get your results. You can do so with your doctor, a mental health professional, or a genetic counselor. You are responsible for considering the potential impact the information you receive may have on you or your relatives before accessing a genetic result. After consideration, some people prefer not to know their genetic information.

Notice of Limitations

Our genes influence many aspects of our health, including our risk for disease, severity of disease, and our ability to process certain medications. Genes also influence traits including height and eye color. At Helix, we believe in giving you access to your genetic information. This access can help you further your own self-discovery. Before you participate in our Services, you should be aware of what genetics can and cannot tell you.

In considering access to your results, you should be aware of certain limitations of genetic testing and interpretation. These include the following:

Genetics is an evolving field of study.

• Genetic results are based on the current knowledge of genetics. This knowledge may change as we learn more through research. A genetic result based on the current state of knowledge may have a different interpretation in the future.
• Many aspects of human health may have a genetic basis, however we may not yet know or understand the extent of genetic contribution. Research in science and medicine is continuously discovering new links between genes and human health. Helix only returns clinical results based on well-established gene-disease or gene-drug relationships.
• Your DNA will have variations that are not fully understood. As such, some genetic results may reveal variations in your DNA we are not currently able to interpret.
• Most genetic research today is based on people from a limited number of populations. Since genes can differ between populations, something that is true for one group may not be true for another, which means that genetic test results may not apply equally to everyone. 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.

• It is important to understand that genetic test results are just one part of an individual’s risk for disease. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a condition or trait or health risk.
• Genetic information may indicate that you have an increased risk for a disease, but does not always guarantee with 100% certainty that you will develop the disease.
• Multiple genes or genetic variants often influence a single trait or health risk. That means the effect of any one, single genetic variation may be low.
• Even if you do not have one or more genetic variations associated with a certain trait or health risk, you may still have or develop that trait or disease.
• 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).

There may be errors in processing your sample.

• Our laboratory meets quality control standards set by the Clinical Laboratory Improvement Amendments (CLIA) and the College of American Pathologists (CAP). Despite continuous quality control and assurance measures, errors may result during data generation in the lab and in the processing of the data on servers.
• These errors may result from sample misidentification, a contaminated sample or insufficient DNA:
  • Even so, it is possible that during genetic 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 access a genetic testing service 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.

Information you receive does not provide a complete view of your health.

• Genetic testing performed through Helix does not assess all genes and DNA variants associated with all disease. Other genetic and non genetic factors can impact your risk of developing disease.
• 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 having a genetic test performed. Local genetic counselors can be identified at www.findageneticcounselor.com.
• If you receive a Service which analyzes your genetic information for health purposes, the genetic result may suggest actions or interventions that you can take related to your health. However, genetic results do not provide a complete view of your health history. Before you act on any health information provided through genetic results, please first consult with a healthcare professional.
• Not all scientific and health interpretation claims have been validated by the Food and Drug Administration (“FDA”). Genetic results that have been approved by the FDA will be labeled as such. However, not all genetic results provided by Helix require approval by the FDA. We verify the accuracy of each genetic finding through expert review by our scientists or specialized laboratory procedures for more complex genetic variants.

Helix makes its best efforts to perform accurate genomic analysis and to offer genetic testing services of high quality. However, we do not warrant the accuracy, completeness or usefulness of the Services, nor do we endorse, warrant or guarantee the genetic testing services or research programs, including, without limitation, any descriptions, prices, products and product warranties, or other information posted by research partners or other vendors.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING GENETIC TESTING SERVICES, 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 SERVICES 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HELIX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND SHALL NOT BE RELIED UPON AS MEDICAL ADVICE.

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 Services or any links provided on the Services 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 Services 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 SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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.

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 SITES LINKED TO SERVICES, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES, 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.

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 Services.

You may discontinue use of the Services at any time. You also have the right to close your account at any time through your account settings. In keeping with our Privacy Notice, if you close your account, your information will no longer be accessible to you. We cannot restore access to your account after it has been closed. You will be unable to access genetic results through your account unless you create a new account and provide another biological sample for genomic analysis. Closing your account does not withdraw you from a research program or initiate deletion of your data. You must submit an additional request to withdraw from a research program, as detailed in the consent form you signed, or to request deletion of your data, in accordance with the process described in our Privacy Notice. Genetic information that has already been transferred to research partners may not be able to be removed or de-identified from research partners’ databases by Helix, as detailed in the consent form you signed.

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

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. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

If we are not able to resolve the issue within a period of thirty (30) days from the time informal dispute resolution is pursued, 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 JAMS.
• Such arbitration will follow the Streamlined Rules & Procedures of JAMS (“JAMS 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 JAMS Rules will apply regarding payment of arbitration costs. The JAMS Rules and fees are available online at www.jamsadr.org or can be obtained by calling JAMS at 1-800-352-5267. 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 arbitration clause is found to be unenforceable, then this clause will be null and void. In such case, you and Helix agree that the exclusive jurisdiction and venue as described below will govern any action arising out of or related to these Terms of Service.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in these Terms of Service by sending written notice of your decision to opt-out to Helix, Inc., Attn: Legal Department, 400 S El Camino Real, Suite 300, San Mateo, CA 94402. The notice must be sent within thirty (30) days of your first use of the Service otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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.

These Terms of Service, our Privacy Notice and research program consent (if you choose to participate in a research program ) 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.

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. In the event of litigation relating to these Terms or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law. 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.

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 personal information or protected health information). You may contact Customer Success at https://support.helix.com or 1-844-211-2070.