Terms of Service

Genpath.ai, LLC d/b/a HelixaHealth.ai

Effective Date: August 01, 2026

Version: 1.0

These Terms of Service (“Terms”) govern your access to and use of the website, products, and services offered by Genpath.ai, LLC d/b/a HelixaHealth.ai (“Helixa,” “we,” or “us”). By creating an account, purchasing a kit, or using our services, you agree to these Terms, to our Privacy Policy, and to the Genetic Testing Informed Consent and Data Authorization (the “Consent”). If you do not agree, do not use the services.

1. Eligibility

You must be at least eighteen (18) years old to create an account and purchase a kit. You may order for a person under eighteen (18) only as that person’s parent or legal guardian. By using the services, you represent that the information you provide is accurate and that you are legally able to enter into these Terms.

2. The Services and the Role of the Laboratory

Helixa sells genetic testing kits and delivers results and related insights through its platform. The laboratory analysis is performed by Dynamic DNA Laboratories (“Dynamic DNA”), an independent laboratory that ships the kit, processes your sample, and generates the underlying genetic data. After analysis, your genetic raw data and results are returned to Helixa, which further processes them to produce the reports you purchased. Helixa and Dynamic DNA are separate companies; the laboratory testing is governed by the separate consent included in your kit. Dynamic DNA is a laboratory certified under the Clinical Laboratory Improvement Amendments (CLIA) to perform the testing offered through the Helixa platform. Certification status does not mean the test is approved or cleared by the U.S. Food and Drug Administration; see Section 10 (Not Medical Advice) for more information about the test's regulatory status.

3. Accounts

You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate an account that violates these Terms or applicable law.

4. Orders, Pricing, and Payment

Prices are stated at checkout and may change over time. You authorize us or our payment processor to charge your selected payment method for the total shown, including applicable taxes and shipping. We may refuse, limit, or cancel an order, including where required by law, where an order cannot be fulfilled to your location, or where we suspect error or fraud.

5. Shipping and Fulfillment

When you place an order, we transmit it to Dynamic DNA, which ships the kit to you together with its own laboratory consent form. You must complete and return that laboratory consent with your sample; Dynamic DNA will not analyze your sample until its consent is signed. Delivery timeframes are estimates and are not guaranteed.

Kits are not available to residents of New York, Maryland, Pennsylvania, or Rhode Island. We may decline or cancel any order that cannot be lawfully fulfilled to your location, and may update the list of excluded states as laws or laboratory licensure change.

6. Cancellations, Refunds, and Failed Samples

You may cancel your order for a full refund at any time before your kit ships. After a kit ships, if your sample cannot be processed - for example, an insufficient or degraded sample - we will provide a replacement kit at no additional charge or, where a replacement is not possible, a refund. Because the laboratory analysis consumes your sample, an order is not refundable once your results have been delivered, except where a refund is required by applicable law. If you withdraw your consent before your sample is processed, we will cancel the order and refund the amount you paid for it.

7. Subscriptions and Auto-Renewal

This Section applies only if you purchase a subscription or other recurring product from Helixa. If you make only a one-time purchase, this Section does not apply to you. If you purchase a subscription, you authorize recurring charges to your payment method at the interval and price disclosed at signup until you cancel. We will disclose the renewal terms and price clearly before you subscribe, provide the cancellation method, and send any renewal notices required by applicable federal and state automatic-renewal laws. You may cancel at any time through your account settings; cancellation stops future renewals and does not retroactively refund a completed term unless required by law.

8. Acceptable Use

You agree not to misuse the services, including by submitting a sample that is not your own, unless you are the parent or legal guardian of the minor whose sample is submitted and are authorized under Section 1 to consent on that minor’s behalf, and, in all other cases, submitting any other person’s sample without that person’s knowledge and voluntary consent; providing false information; attempting to access another user’s data; interfering with the platform’s operation or security; or using the services for any unlawful purpose.

9. Intellectual Property

The platform, reports, software, text, and other materials we provide are owned by Helixa or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable license to access and use the services and your reports for your own personal, non-commercial use. Your underlying genetic data belongs to you; these Terms do not transfer ownership of your genetic data to Helixa, and our handling of it is governed by the Consent and the Privacy Policy.

10. Not Medical Advice

The services are informational and do not constitute medical advice or a diagnosis, and no physician-patient relationship is created. The underlying test is a laboratory-developed test that is not approved by the U.S. Food and Drug Administration and should not be used as the sole basis for any medical decision. Consult a qualified healthcare provider before acting on any result.

11. Third-Party Services

The laboratory analysis, payment processing, shipping, and certain platform functions are provided by third parties under their own terms. We are not responsible for the acts or omissions of the laboratory in performing the analysis; the accuracy of the underlying test is the laboratory’s responsibility as described in its consent. Dynamic DNA is solely responsible for the accuracy of the underlying laboratory analysis, and Helixa’s liability for any act or omission of Dynamic DNA in performing that analysis is limited to the extent set out in Section 13; nothing in this Section excuses Helixa from liability for its own gross negligence or willful misconduct in selecting, integrating, or presenting laboratory results.

12. Disclaimer of Warranties

Except as expressly stated and to the fullest extent permitted by law, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND HELIXA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the services will be uninterrupted, error-free, or that results will be complete or suitable for any particular decision. Nothing in this Section limits any warranty that cannot be excluded under applicable law.

13. Limitation of Liability

To the fullest extent permitted by law, Helixa and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits or data, arising out of or relating to the services. To the fullest extent permitted by law, Helixa’s total liability for all claims arising out of or relating to the services will not exceed the greater of the amount you paid to Helixa for the order giving rise to the claim or five hundred dollars ($500). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in this Section limits Helixa’s liability for its gross negligence, willful misconduct, or bodily injury caused by Helixa, or for Helixa’s breach of its data-security or confidentiality obligations under the Privacy Policy or the Consent. Nothing in these Terms limits liability that cannot be limited under applicable law.

14. Indemnification

You agree to indemnify and hold harmless Helixa from claims, losses, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your misuse of the services, or your submission of a sample in violation of Section 8.

15. Governing Law; Dispute Resolution and Arbitration

These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws principles, except to the extent that federal law or your non-waivable state-law rights apply. Any dispute arising out of or relating to these Terms or the services is subject to the same dispute-resolution and arbitration provisions set out in the Consent, including informal resolution first, final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, a class-action and jury-trial waiver, small-claims and injunctive carve-outs, and your right to opt out of arbitration within thirty (30) days of first accepting the Consent. The following provisions govern any dispute arising out of or relating to these Terms or the services.

(a) Informal Resolution First. Before commencing arbitration, you agree to first contact Helixa at disputes@helixahealth.ai with a written description of the dispute, so the parties may attempt to resolve it informally within thirty (30) days.

(b) Binding Arbitration. Any dispute not resolved informally, and not eligible for small-claims court under subsection (e), shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, conducted in the county of your primary residence, or by videoconference or on the documents where the rules permit. The award may be entered in any court of competent jurisdiction.

(c) Class-Action and Jury Waiver. To the fullest extent permitted by law, disputes will be arbitrated only on an individual basis; you and Helixa each waive any right to bring or participate in a class, collective, or representative action, and each waives the right to a trial by jury. If this class-action waiver is found unenforceable as to a particular claim, that claim-and only that claim-shall be severed and brought in court, while all other claims proceed in arbitration.

(d) Small-Claims and Injunctive Carve-Outs. Either party may bring an individual claim in small-claims court if it qualifies. Nothing in this Section prevents either party from seeking injunctive or equitable relief in court to protect intellectual property, confidential information, or data security.

(e) Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to optout@helixahealth.ai within thirty (30) days of first accepting these Terms or the Consent (whichever is earlier), stating your name and order information. Opting out affects only the arbitration agreement in this Section; the remainder of these Terms continues to apply.

(f) Severability and Survival. If any portion of this Section is held invalid or unenforceable, the remainder shall remain in effect. This Section survives termination of your relationship with Helixa.

These provisions are the same provisions set out in Section 18 of the Consent and are restated here, rather than incorporated by reference, so that they apply directly to these Terms regardless of whether you have separately accepted the Consent.

16. Changes to the Services and Terms

We may modify the services or these Terms. Material changes will be communicated, with at least thirty (30) days' advance notice by email to the address on your account and by posting a notice on the platform. If we materially change the arbitration provisions in Section 15, you may opt out of the changed provisions using the process described in the Consent, applied to the change, within thirty (30) days of the change taking effect, and the version in effect at the time of your order governs that order. Your continued use after a change takes effect constitutes acceptance of the updated Terms.

17. Termination

You may stop using the services at any time. We may suspend or terminate your access for violation of these Terms or applicable law. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

18. Miscellaneous

These Terms, together with the Consent and the Privacy Policy, are the entire agreement between you and Helixa regarding the services. If any provision is held unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, subject to the protections in the Consent and Privacy Policy. Neither party is liable for any failure or delay in performance (other than payment obligations) resulting from causes beyond its reasonable control, including acts of God, natural disaster, pandemic, war, terrorism, labor dispute, governmental action, or failure of a third-party laboratory, carrier, or utility, provided the affected party gives prompt notice and uses reasonable efforts to resume performance.

19. Contact

Genpath.ai, LLC d/b/a HelixaHealth.ai, 9238 Diamond Pointe Drive, Indianapolis, IN. Email: privacy@helixahealth.ai.

End of Terms of Service.