Last Updated: January 1, 2025
These Terms of Service are a contract between you ("you," "your," or "user") and Helsa, doing business as Helsa, ("Company," "we," or "us") and govern your access to and use of the Company browser extension, the Company website located at www.herhelsa.com, mobile applications ("App"), and all other Company-branded websites (collectively, the "Website"), and other software applications and online services provided by Company through the Website (collectively, the "Services").
BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE WEBSITE OR SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING YOUR AGREEMENT TO ARBITRATE CLAIMS AND ANY SUBSEQUENT MODIFICATIONS TO THEM MADE BY COMPANY'S, AND COMPANY'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICE, AND COMPANY'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COMPANY AND BY YOU TO BE BOUND BY THESE TERMS. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features and are incorporated by reference into these Terms.
As used in these Terms the terms "you," "your," "yourself," and "User" shall refer to the person accessing Company's Website and Services.
COMPANY IS NOT A HEALTHCARE PROVIDER, NOR DO WE PROVIDE MEDICAL OR HEALTHCARE ADVICE OR SERVICES. WE MAY PROVIDE REFERRALS TO CLINICAL OR NON-CLINICAL SERVICE PROVIDERS. THE CONTENT ON THIS WEBSITE, AND THE SERVICES YOU MAY RECEIVE ARE FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL ON THE WEBSITE IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT FOR YOURSELF OR THE PATIENT THAT YOU CARE FOR.
IF YOU SIGN UP FOR A SUBSCRIPTION, THEN YOUR SUBSCRIPTION WILL CONTINUE FOR THE DURATION SET FORTH AT THE TIME OF PURCHASE AND WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT Company'S THEN-CURRENT FEES FOR THE APPLICABLE SERVICES UNLESS YOU OPT NOT TO RENEW YOUR SUBSCRIPTION. ANY TERMINATION OF YOUR ACCOUNT WILL NOT CANCEL YOUR SUBSCRIPTION AND IS NOT AN OPT OUT OF THE RENEWAL OF YOUR SUBSCRIPTION. YOU MAY CANCEL YOUR SUBSCRIPTION OR OPT OUT OF THE RENEWAL OF A SUBSCRIPTION IN ACCORDANCE WITH SECTION 5.3 BELOW.
SECTION 15 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 15 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, EXCEPT AS SET FORTH IN SECTION 15; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
(a) Company provides the following Services: (i) provide information regarding specific types of medical conditions, such as courses; (ii) assist individuals with tracking their conditions and providing analytics regarding condition tracking; and (iii) provide gamified user interactions. The Company refers to the aforementioned services herein collectively as "Services." It is important to note that the Services provided by the Company are not medical advice, and you understand and agree that the Company is NOT a replacement for a medical professional.
(b) Users may sign up through the Website, including the App, by providing their email addresses and will have access to a limited set of services.
(c) Users who sign up to receive Services are first included on a waitlist and are later registered through the Website ("Registered User") and may receive the following specific Services through the Website. Users who are not Registered Users can become Registered Users after being included on the waitlist and going through the registration process described above. Registered Users are a type of User.
You must be at least 18 years old or at least of legal age to form a binding contract to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are of legal age to form a binding contract with Company; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services is in compliance with any and all applicable laws and regulations.
(a) Users. In order to access a subset of the Services, you are required to (1) sign up for an account by providing your email address; (2) accept these Terms; and (3) accept the terms of the Company's Privacy Policy.
(b) Registered Users. In order to access the Services as a Registered User, you are required to register an account on the Website, or specifically through the App ("Account"), and you will provide additional information: your name, email address, and create a username and password; (2) accept these Terms; and (3) accept the terms of the Company's Privacy Policy. After your registration has been reviewed, and approved, you will receive verification via email.
Parts of the Website, including during the registration process, allow Users to create and post, publish, submit, upload, transmit, or otherwise make available on the Website or through the Services ("Make Available") content such as pictures or information, documents, photos, images, videos, information, works of authorship, responses to surveys, and other content or information (any such materials that a User does Make Available is referred to as "User Content"). You retain ownership of your User Content. You may not post or submit a photograph or image of another person without that person's permission or legal authorization. You should not Make Available to other Users on the Website any medical, financial, or personal information about another person.
You hereby grant Company a fully-paid, royalty-free, perpetual, irrevocable, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all User Content that you Make Available, including your or any third-party name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, in connection with the Services and Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Company may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
If the features of the Services allow you to remove or delete User Content from the Services, the licenses granted by you in your User Content hereunder terminate within a commercially reasonable time after you remove or delete such User Content from the Services. Notwithstanding the foregoing, you understand and agree that Company may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by Company for display on used on Company's social channels, or included in printed content, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely.
You agree not to Make Available any User Content or take any action using the Website or Services that: (a) may create a risk of, glorify, encourage, or threaten violence, harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or self-harm to you or any other person or to any animal; (b) may create a risk of, threaten, glorify, or encourage any other loss or damage to any person or property; (c) may discriminate against, degrade, shame, or harass or encourage, glorify, or promote hatred or violence toward any person or any groups of persons; (d) contains or depicts sexual acts or sexually explicit or pornographic material, including, but not limited to, depictions of children in a sexual, sexualized, or nude state; (e) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; (f) may constitute, contribute to, depict, or encourage a crime, illegal activity, or a violation or infringement of any third party's rights; (g) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (h) solicits or seeks to obtain or discloses the personal information of any other person; (i) you do not have the right to under any law or under contractual or fiduciary relationships; (j) deceptively impersonates another person or entity or contains information that is fraudulent or that you know is not correct and current; or (k) we deem to be otherwise unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable.
If you Make Available any User Content, you promise, represent, and warrant that you have all necessary rights, consents, waivers, and authorizations to grant the rights and licenses in your User Content granted under these Terms and for your User Content to be used in accordance with these Terms and the functionality of the Services without causing a violation of the rights of others, including, without limitation, all necessary rights, consents, waivers, and authorizations under: (a) any performance, mechanical, and sound recording rights in musical compositions and sound recordings included in your User Content; (b) any rights of privacy or publicity with respect to the name, image, and likeness of any individual included in your User Content; and (c) any moral, droit moral, or authors rights to works of authorship included in your User Content.
Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party may Make Available. Company is not obligated to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You will be solely responsible for your User Content and the consequences arising therefrom. You agree that we are only providing a platform for you to Make Available your User Content. Company reserves the right but is not obligated to reject and/or remove any User Content that Company believes, in its sole discretion, violates these Terms or is otherwise inappropriate for the Services.
Unless expressly agreed to by Company in writing elsewhere, Company will not and has no obligation to store any of your User Content that you Make Available. Company has no responsibility or liability for: (a) the deletion or accuracy of any User Content, including your User Content; (b) the failure to store, transmit, or receive transmission of User Content; or (c) except as described in our Privacy Policy, the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
You acknowledge that Company has no obligation to pre-screen User Content, including, but not limited to, your User Content, but Company reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. In the event that Company pre-screens, refuses, or removes any User Content, you acknowledge that Company does so for Company's benefit, not yours. Without limiting the foregoing, Company shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
Without limiting anything to the contrary herein, Company shall have the right, but not obligation, in its sole discretion, to investigate potential violations of any provision of these Terms and remove any of your User Content for any reason (or no reason), including if such User Content violates these Terms or any applicable law.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website and Services for your personal or internal use only as permitted by the features of the Services.
All information we collect on this Website, including Registration Materials, is subject to our Privacy Policy. By using the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You acknowledge that, except for your User Content, the Company owns all right, title, and interest in and to the Website and the Services, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws ("Company Property"). You agree that you will not copy, reproduce, alter, modify, or create derivative works from any portion of the Website. Such rights derive from any of Company's copyrights, trademarks, patents, trade dress, and other such intellectual property rights that Company may have with regard to the Website. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Property. Use of Company Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
You acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner Company's name(s), logos, trademarks, product names, and/or service names ("Company Marks"). All trademarks not the property of the Company which may appear on the Website are the property of their respective owners. The use of any such trademarks by Company is not meant to constitute affiliation, endorsement, or approval by such company with or for Company or the Website as a whole.
(a) Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the Company logo and all designs, Company's trademarks and service marks, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws.
(b) You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and does not include: (i) any resale or commercial use of this Website or Site Materials; (ii) the collection and use of any product and/or service listings, pictures, or descriptions; (iii) the distribution, public performance, or public display of any Site Materials; (iv) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (v) use of any data mining, robots, or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of this Website, the Site Materials, or any information contained therein, except as expressly permitted on this Website; or (vii) any use of this Website or the Site Materials other than for its intended purpose.
You may choose to, or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about Company, the Services, or Company's other products or services, including without limitation about how to improve the Services or our other products or businesses ("Ideas"). You hereby grant to Company a worldwide, royalty-free, irrevocable, perpetual license to use, incorporate, or otherwise exploit any Ideas in any manner that we see fit.
Certain products or services offered on or through the Services may be provided for a fee or other charge, including services or features for which access and use is purchased on a time-limited basis (each a "Subscription"). You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Any increased fees for existing Subscriptions will apply solely on a forward-looking basis beginning on your next billing period.
All financial transactions made in connection with the Services will be processed by a third-party service provider ("Payment Service Provider") in accordance with the Payment Service Provider's terms of use and privacy policy. You may be required to provide the Payment Service Provider with information pertaining to a valid credit card or other permitted payment method. You agree that the Payment Service Provider is authorized to charge your Payment Information for all fees and charges due and payable for the products and services hereunder.
Your Subscription will continue to automatically renew indefinitely, including if you stop using or accessing the Website, Services, or App, until your Subscription is canceled. You have the option to opt out of the auto-renewal of your Subscription. If you cancel your Subscription, such cancellation will be effective as of the end of your then-current Subscription term.
Certain Subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Services. If you decide to cancel your Subscription before the free trial ends, you will not be charged.
COMPANY DOES NOT DIRECTLY ISSUE ANY REFUNDS TO USERS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICES.
All financial transactions made in connection with the Services will be processed by the Payment Service Provider in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions.
Payments required under this Agreement do not include any applicable Sales Tax. If Company determines it has a legal obligation to collect a Sales Tax, Company shall collect such Sales Tax in addition to the required payments.
The Services may contain links to third-party websites, advertisers, or products that are not owned or controlled by the Company. Company does not endorse or assume any responsibility for any content or information on or from any Third-Party Links. Your dealings with third-party services are solely between you and the respective third party.
The Services may include third-party software components that are generally available under licenses granting broad rights to copy, modify, and distribute those components. You are free to obtain and use these components under their applicable licenses.
You agree to defend, indemnify, and hold harmless Company and its affiliates from any and all claims, damages, obligations, losses, liabilities, costs, or debts arising from your use of and access to the Services, your violation of these Terms, or any other party's access and use of the Services using your credentials.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).
We may send you emails concerning our products and services, as well as those of third parties.
BY USING THE SERVICE, YOU AGREE NOT TO:
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately, except for existing users, where material revisions will be effective 30 days after posting or notice to you. If you do not agree to the modified Terms, you should contact us to discontinue your use of the Services.
These Terms are effective beginning when you accept the Terms or first access the Services and ending when terminated as described in Section 13.2.
If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate. The Company may terminate these Terms or your access to the Services at any time for any reason, with or without notice.
Upon termination of these Terms, your license rights will terminate, and you must immediately cease all use of the Services. Sections 4.1, 4.2, 4.3(a), 4.4, 7, 8, 9, 11, 13.3, 15, and 16 will survive termination.
Company reserves the right to modify or discontinue all or any portion of the Services at any time, temporarily or permanently, without notice. You should retain copies of any User Content you Post to the Services to prevent loss of access.
You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, or proprietary rights without prior written consent. If you believe your copyright has been infringed, please notify the Company as specified.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You agree that any dispute or claim relating to your use of the Services or your relationship with the Company will be resolved by binding arbitration, except for claims that qualify for small claims court or intellectual property disputes where equitable relief is sought in court.
You and Company agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Before initiating arbitration, both parties agree to personally meet and confer via telephone or videoconference to resolve claims informally. Notice of intent to initiate an informal dispute resolution conference must be provided in writing and should include the claimant's name, contact information, and a description of the claim. The conference must occur within 60 days of notice receipt, unless extended by mutual agreement. The statute of limitations and filing deadlines are tolled during this process.
The Arbitration Agreement is governed by the Federal Arbitration Act (FAA). If the FAA cannot apply, state law governing arbitration agreements will apply. Arbitration will be conducted by JAMS under their rules, which can be found online. Notice of arbitration intent must include necessary information such as claim details, remedy sought, and claimant's signature. Arbitration may be conducted via telephone, videoconference, in writing, or in person, based on mutual agreement.
The arbitrator has exclusive authority to resolve disputes regarding the enforceability of the Arbitration Agreement and can grant motions, award monetary or non-monetary remedies, and issue written decisions. The arbitrator's award is final and binding.
By agreeing to arbitration, you waive the right to sue in court or have a jury trial. Arbitration replaces court proceedings, except in cases specified under Section 15.1.
Claims and disputes must be arbitrated on an individual basis and not as part of a class or collective action. If the waiver of class actions is deemed invalid, disputes will be resolved in court rather than arbitration.
If numerous similar arbitration demands are submitted within 30 days, they may be grouped into batches for resolution to streamline the process.
New customers or users subject to this Arbitration Agreement may opt out within 30 days of account creation by notifying Company in writing. Opt-out notifications must include the user's name, contact details, and a clear statement opting out of arbitration.
This Arbitration Agreement survives termination of the user's relationship with the Company.
Material changes to the Arbitration Agreement will not apply to claims already noticed to the Company before the change.
These Terms constitute the entire agreement between you and Company regarding the Services. You may not assign or transfer your rights under these Terms without prior consent. Section headers are for convenience only and do not affect interpretation.
These Terms are governed by the laws of the State of California. Disputes must be resolved in California courts.
The Company is excused from liability for delays or failure to perform due to events beyond its control, such as labor disturbances, natural disasters, or governmental actions.
Your use of the Services is subject to additional terms posted on the Services, which are incorporated by reference.
By using the Services, you consent to receive electronic communications as described in the Privacy Policy. These communications satisfy any legal requirements for written communication.
The Services are offered by Helsa. For inquiries, email denis@herhelsa.com.
California residents may contact the California Department of Consumer Affairs for complaint resolution or further information at +1-800-952-5210.
The Company is not obligated to provide support for the Services. Any support provided will adhere to published policies.
The Services are intended for U.S. users. Accessing the Services from prohibited locations is not allowed.