Terms and Conditions
Helmd LLC ("HELMD", "Company", "we", "us", or "our") provides the Site Content (defined below) and Services (defined below) through its website, helmd.com, and any subdomains thereof (the "Site").
By using the Site, registering to use the Services, or accessing the Site Content, you agree to be bound by these Terms and Conditions (the "Terms"). These Terms constitute a legally binding agreement between you and HELMD. If you do not agree to these Terms, you may not use the Site or the Services.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY-TRIAL WAIVER, AND CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SEE SECTION VI BELOW.
I. General
1. Acceptance of Terms
By accessing or using the Site or the Services, you represent that you (a) are at least 18 years of age, (b) have the legal capacity to enter into a binding contract with HELMD, and (c) agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are accessing the Site on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.
2. Modification of Terms
HELMD reserves the right to modify these Terms at any time, in its sole discretion. We will notify you of material changes by posting a revised version on the Site and updating the "Last Updated" date above. Your continued use of the Site or Services after any such change constitutes your acceptance of the revised Terms.
3. Services
HELMD operates a consumer-facing telehealth platform that connects users with licensed healthcare providers affiliated with independent professional medical groups (the "Provider Groups") for the evaluation and potential treatment of erectile dysfunction. Clinical services — including the review of your questionnaire and any prescription decisions — are provided exclusively by licensed clinicians employed or contracted by the Provider Groups, and are not provided by HELMD. HELMD and its affiliated management services organization do not practice medicine, render medical advice, or prescribe medication. See our Provider Information page for additional disclosures.
4. Site Content
"Site Content" means all information, text, graphics, images, photographs, video, audio, software, code, designs, trademarks, logos, and other materials made available on or through the Site, whether owned by HELMD or licensed from third parties. Site Content is provided for informational purposes only and does not constitute medical advice. You should not rely on Site Content as a substitute for professional medical advice, diagnosis, or treatment.
5. Eligibility
The Services are available only to individuals who (a) are at least 18 years of age, (b) reside in a U.S. state in which a Provider Group affiliated with HELMD is authorized to provide telemedicine services, and (c) are able to form a legally binding contract. By using the Services, you represent that you meet these eligibility requirements.
As of the "Last Updated" date above, the Services are available to residents of the following 48 U.S. states: Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. The Services are not currently available in Alaska or Hawaii. Availability is subject to change; please complete the online questionnaire to confirm current availability in your state.
6. Medical Disclaimers
The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. HELMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site.
II. Purchases and Subscriptions
1. Orders and Payment
If a Provider Group clinician determines that a prescription is appropriate for you, HELMD will facilitate the fulfillment of that prescription through a licensed U.S. compounding pharmacy. You authorize HELMD (or its payment processor) to charge the payment method you provide for the cost of the consultation, the prescribed medication, and any applicable shipping and taxes.
2. Subscription Plans
Certain Services may be offered on a subscription basis. By enrolling in a subscription, you agree that HELMD (or its payment processor) may automatically charge your payment method on a recurring basis until you cancel. Subscription fees are billed in advance and are non-refundable except as expressly stated in these Terms or as required by applicable law.
3. Cancellations and Refunds
You may cancel your subscription at any time by contacting support@helmd.co or by managing your subscription in your account settings. Cancellation will take effect at the end of the then-current billing period. Compounded medications that have been dispensed cannot be returned for safety and regulatory reasons, and amounts paid for dispensed medication are non-refundable.
4. Pricing and Availability
All prices are listed in U.S. dollars and are subject to change without notice. HELMD reserves the right to limit, modify, or discontinue any Service or product at any time. We are not responsible for typographical or pricing errors and reserve the right to cancel any order resulting from such an error.
5. Shipping
Prescriptions are shipped by the dispensing pharmacy directly to the address you provide. Shipping times are estimates and not guarantees. Risk of loss passes to you upon delivery. You are responsible for providing a correct and complete shipping address.
III. Intellectual Property
1. Ownership
The Site and all Site Content are owned by HELMD or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved by HELMD.
2. Limited License
Subject to your compliance with these Terms, HELMD grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Site Content for your personal, non-commercial use. You may not (a) reproduce, distribute, publicly display, or create derivative works from any Site Content, (b) use any data-mining, robots, or similar data-gathering tools, (c) frame or mirror any portion of the Site, or (d) use the Site or Site Content for any commercial purpose without our prior written consent.
3. Trademarks
"HELMD", the HELMD logo, "HELMD Drive", and other HELMD marks displayed on the Site are trademarks or registered trademarks of Helmd LLC. You may not use any HELMD trademarks without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners.
4. Copyright Complaints (DMCA)
If you believe that material on the Site infringes your copyright, you may send a notice to our designated agent at copyright@helmd.co containing the information required by 17 U.S.C. § 512(c)(3). HELMD will respond to valid notices in accordance with the Digital Millennium Copyright Act.
IV. Account and User Content
1. Account Registration
To access certain Services, you must register an account. You agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update your account information, (c) keep your account credentials confidential, and (d) accept responsibility for all activity that occurs under your account. You must notify HELMD immediately of any unauthorized use of your account.
2. User Content
"User Content" means any information, text, photographs, or other content you submit to the Site, including health information you provide during a consultation. You retain ownership of your User Content, but by submitting it you grant HELMD a worldwide, royalty-free, sublicensable license to use, reproduce, and display the User Content as necessary to provide the Services. Health information you submit is also handled in accordance with HIPAA and our Privacy Policy.
3. Accuracy of Health Information
You agree to provide accurate, complete, and current information about your medical history, current medications, allergies, and other health-related details. Providing inaccurate or incomplete information may result in a Provider Group clinician declining to issue a prescription, or may affect the safety or effectiveness of any treatment prescribed.
4. Prohibited Conduct
You agree not to (a) use the Site or Services for any unlawful purpose, (b) impersonate any person or misrepresent your affiliation with any person or entity, (c) interfere with or disrupt the Site or any servers or networks connected to the Site, (d) attempt to gain unauthorized access to any portion of the Site or any other systems or networks, (e) upload viruses or other malicious code, (f) collect or harvest information about other users, or (g) use the Site or Services in any way that violates these Terms or applicable law.
5. Termination
HELMD may suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including if HELMD believes you have violated these Terms. Upon termination, your right to access the Site and use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
V. Third-Party Information and Links
1. Third-Party Content
The Site may contain links to, or references to, third-party websites, products, or services. HELMD does not endorse and is not responsible for the content, accuracy, or practices of any third party. Your interactions with third parties are solely between you and the third party.
2. Pharmacy Partners
Prescriptions facilitated through the Services are dispensed by licensed U.S. compounding pharmacies that are independent third parties. HELMD does not own or operate any dispensing pharmacy. The compounding pharmacy is solely responsible for the preparation, labeling, dispensing, and shipment of your prescription.
3. Provider Groups
Clinical services are provided by licensed clinicians affiliated with the Provider Groups identified on our Provider Information page. The Provider Groups are independent professional entities and are solely responsible for the practice of medicine, including diagnosis, prescription, and the doctor-patient relationship.
VI. Arbitration, Class-Action Waiver, and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH HELMD THROUGH BINDING ARBITRATION AND LIMITS THE WAYS IN WHICH YOU CAN SEEK RELIEF.
1. Disclaimer of Warranties
THE SITE, SITE CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, HELMD DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HELMD DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HELMD, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, OR (C) UNAUTHORIZED ACCESS TO YOUR DATA. IN NO EVENT WILL HELMD'S AGGREGATE LIABILITY EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS YOU HAVE PAID HELMD IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (II) FIVE HUNDRED U.S. DOLLARS (US$500).
3. Indemnification
You agree to defend, indemnify, and hold harmless HELMD, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the Site or Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any rights of another.
4. Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (a "Dispute") will be resolved by binding arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
The arbitration will be administered by JAMS in accordance with its applicable rules then in effect. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be New York, New York, and the arbitration may be conducted in person, by documents only, or by telephone or video conference as agreed by the parties or determined by the arbitrator. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
5. Class-Action Waiver
YOU AND HELMD 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 OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of representative or class proceeding. If this class-action waiver is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
6. Jury-Trial Waiver
TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION, YOU AND HELMD AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
7. 30-Day Right to Opt Out
You have the right to opt out of the arbitration agreement and class-action waiver set forth in this Section VI by sending written notice of your decision to opt out to support@helmd.co within thirty (30) days after first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out will not affect any other provision of these Terms.
VII. Other Provisions
1. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. Subject to the arbitration provision in Section VI, you and HELMD agree to submit to the exclusive jurisdiction of the state and federal courts located in New York County, New York, for any matter not subject to arbitration.
2. Entire Agreement
These Terms, together with our Privacy Policy, our Telehealth Informed Consent, and any other policies or notices referenced herein, constitute the entire agreement between you and HELMD with respect to the subject matter hereof and supersede all prior or contemporaneous understandings.
3. Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
4. No Waiver
HELMD's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
5. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without HELMD's prior written consent. HELMD may freely assign these Terms without notice to you. Any attempted assignment in violation of this provision is void.
6. Force Majeure
HELMD will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
7. Notices
Notices to you may be made by posting on the Site or by email to the address associated with your account. Notices to HELMD must be sent to: Helmd LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, with a copy by email to support@helmd.co.
VIII. Contact
If you have questions about these Terms, contact us at:
Helmd LLC
30 N Gould St, Ste N
Sheridan, WY 82801
Email: support@helmd.co