Terms of Service

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Welcome to Helios. These Terms of Service ("Terms") govern your use of the Helios mobile application and related services (collectively, the "Service"). By using Helios, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using Helios, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws. These Terms constitute a legally binding agreement between you and Helios.

2. Eligibility & Availability

You must be at least 18 years old and able to form a binding contract to use Helios. If you are under 18, you may NOT use the Service, and we do not knowingly collect data from persons under 18.

The Service is offered to users located in the United States, Canada, the United Kingdom, and India. If you access the Service from outside these countries, you do so on your own initiative and are responsible for compliance with local law.

3. Service Description

• Provides AI-powered health insights and educational information
• Tracks health goals, conditions, medications, and lifestyle factors
• Integrates with Apple HealthKit for on-device health data analysis
• Offers Agent Mode for automated web tasks (appointment booking, shopping)
• Stores and retrieves health-related memories from your conversations

We may modify, suspend, or discontinue any part of the Service at any time.

4. NOT Medical Advice — Assumption of Risk

You expressly acknowledge and agree that:

• Helios is a wellness education tool, NOT a medical device, NOT a healthcare provider, and NOT a HIPAA-covered entity.
• All AI-generated content is algorithmic and may contain errors, omissions, hallucinations, or inaccuracies.
• AI outputs must NEVER be used as the sole basis for any health, medical, or lifestyle decision.
• You assume all risk associated with acting on information provided by the Service.
• Helios does not create a doctor-patient, therapist-patient, or any healthcare provider relationship.
• You are solely responsible for your health decisions and for verifying any information with qualified professionals.

5. Health Data — Consent and International Transfer

By using Helios, you acknowledge and agree that:

• You voluntarily provide your health data and give your explicit, informed consent to its collection, storage, and processing as described in our Privacy Policy.
• Your health data is transmitted to and processed by third-party AI services (xAI, VoyageAI, OpenRouter) and stored on infrastructure (Supabase, Railway) located in the United States, and you consent to this international transfer (see Privacy Policy Section 6).
• While we encrypt data in transit (TLS 1.3) and at rest (AES-256), no system is completely secure, and you assume the inherent risk of sharing health information with cloud-based AI systems.
• Apple HealthKit data remains on your device and is never transmitted to our servers.
• You may withdraw consent at any time by deleting your account.

6. Account Registration and Security

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

7. Acceptable Use, Rate Limits & Fair Use

Your use is subject to usage limits and fair-use restrictions we may set, change, or enforce at our discretion to protect the Service and manage costs. You agree NOT to:

• Use the Service for any unlawful purpose
• Impersonate another person or provide false information
• Access another user's account without authorization
• Circumvent security measures, rate limits, usage quotas, or access controls
• Use automated systems (bots, scrapers) to access the Service without permission
• Upload malicious code or interfere with Service operation
• Use the Service to provide medical advice to others
• Resell, sublicense, or redistribute the Service
• Use the Service if you are under 18 years old

We may throttle, suspend, or terminate access we determine to be excessive, abusive, automated, or harmful.

8. AI-Generated Content

• AI-generated content is for informational and educational purposes only
• AI may produce inaccurate, incomplete, misleading, or fabricated information ("hallucinations")
• You must independently verify all important information, especially health-related content, with qualified professionals
• AI outputs do not constitute professional advice of any kind
• We do not guarantee the accuracy, reliability, or completeness of AI-generated content

9. Agent Mode

If you use Agent Mode, you authorize Helios to operate a browser and take actions on your behalf based on your instructions and approvals. You acknowledge that:

• You are solely responsible for all actions taken and transactions completed through Agent Mode.
• Automated navigation may produce unintended results, and third-party websites may change without notice.
• You are responsible for reviewing and approving actions and for complying with the terms of any third-party site.
• Helios is not liable for any outcome of an Agent Mode session, to the extent permitted by law.

10. Subscription and Payment Terms

• Free Tier: Basic access with usage limits.
• Paid Subscriptions: Auto-renew unless cancelled at least 24 hours before the end of the billing period.
• Billing: Managed through Apple's App Store via RevenueCat.
• Cancellation: Cancel anytime via your Apple ID settings; effective at the end of the current period. No partial refunds, except where required by applicable consumer law.
• Refunds: Subject to Apple's policies and your statutory rights (including any applicable cooling-off/withdrawal rights in the UK, EU, or India).
• Price Changes: We will notify you in advance and give you the option to cancel.

11. Intellectual Property

The Service (excluding your personal data) is owned by Helios and protected by intellectual property laws. You retain ownership of your personal data and grant us a limited, non-exclusive, royalty-free license to process it solely to provide and improve the Service.

12. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, including merchantability, fitness for a particular purpose, non-infringement, accuracy or reliability of health information, uninterrupted or error-free operation, and accuracy of AI-generated content.

Nothing in these Terms excludes or limits warranties or rights that cannot lawfully be excluded under the consumer law of your country of residence.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Helios and its affiliates, owners, officers, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or health outcomes, arising from or related to (a) your use of or inability to use the Service, (b) health decisions made based on the Service, (c) unauthorized access to your data, (d) AI-generated content, or (e) Agent Mode actions.

Our total aggregate liability shall not exceed the greater of (a) amounts you paid to Helios in the 12 months preceding the claim, or (b) one hundred dollars ($100 USD).

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be excluded or limited under the law applicable to you. Some jurisdictions do not allow certain limitations, in which case our liability is limited to the maximum extent permitted by law.

14. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Helios and its affiliates, owners, officers, employees, agents, licensors, and service providers from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms or any law, your violation of third-party rights, health decisions you make based on the Service, content you submit, or your use of Agent Mode.

15. Dispute Resolution & Arbitration

• Agreement to Arbitrate (where enforceable): Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except for claims that may be brought in small claims court.
• Individual Basis: Arbitration is conducted on an individual basis; you agree not to participate in class, collective, or representative proceedings.
• Opt-Out: Opt out within 30 days of first use by emailing support@my-helios.app with your name, email, and a clear opt-out statement.
• Consumer rights override: If you are a consumer resident in the United Kingdom, Canada, the European Union, India, or any jurisdiction whose law prohibits mandatory pre-dispute arbitration, the class-action waiver, or the choice of Delaware law for consumer disputes, then those provisions do not apply to you to the extent prohibited, and you retain the right to bring proceedings in, and have the protection of the mandatory laws of, your country of residence.

16. HIPAA Non-Applicability (U.S.)

Helios is a consumer wellness application. We are NOT a healthcare provider, health plan, healthcare clearinghouse, or business associate under HIPAA, and HIPAA does not apply to the Service. Security practices we implement do not constitute HIPAA compliance.

17. Termination

We may suspend or terminate your access for violation of these Terms or as required by law. You may terminate your account anytime in Settings or by contacting support. Upon termination, your right to use the Service ceases, we delete your data in accordance with our Privacy Policy, and Sections 4, 5, 11–16, and 18–21 survive.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except that if you are a consumer, you also benefit from the mandatory consumer-protection laws of your country of residence, which prevail to the extent they conflict with this clause. To the extent court proceedings are permitted, you consent to the courts of Delaware, without prejudice to your right to bring proceedings in your home jurisdiction where the law so requires.

19. Changes to Terms

We may modify these Terms and will notify you of material changes via in-app notice or email before they take effect. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and delete your account.

20. Severability & Entire Agreement

If any provision is found unenforceable, the remaining provisions continue in effect, and the unenforceable provision is modified to the minimum extent necessary. These Terms and our Privacy Policy constitute the entire agreement between you and Helios regarding the Service.

21. Contact Us

Email: support@my-helios.app

By using Helios, you acknowledge that you have read, understood, and agree to these Terms of Service and our Privacy Policy, that Helios is not a medical device, does not provide medical advice, and is not a HIPAA-covered entity, and that nothing here limits the mandatory consumer rights of your country of residence.