MHF Terms Of Use

Welcome to the Maternal Health Fund Program’s (“MHF”) Terms of Use!

These Terms of Use (“TOU”) form a legal agreement between One Global Medical Technology Ltd (“Helium Health”, “the Lender”, “We”, “Us” or “Our”) and you, the individual (“User”, “You” or “Your”).

1. ABOUT US

One Global Medical Technology Ltd (“Helium Health” “We“, “Us“, or “Our“) provide a healthcare technology ecosystem: electronic health records (HeliumOS), practice tools, patient portals and telehealth (HeliumDoc), financing (HeliumCredit), AI/analytics (e.g., HeliumCoPilot), and related services (the “Platform”).

The Maternal Health Fund Program (“MHF” or the “Program”) is an initiative of Helium Health implemented in partnership with Solina Centre for International Development and Research (“SCIDaR”). The Program is designed to support healthcare facilities (the “Facilities”) with financing and capacity building to improve maternal healthcare outcomes in Lagos State.

The Program is accessible through the Program’s Website (insert the Program’s website/landing page here[1] ) or any other online channels We may designate (the “Website”). By using the Website or participating in the Program (collectively, the “Services”), You agree that You have read, understood, accepted and agreed to be bound by these Terms of Use.

These Terms of Use detail Helium Health’s obligations to You. They also highlight certain risks of using the Services, and You must consider such risks carefully, as you shall be bound by the provisions of these Terms of Use through Your use of the Services.

If You do not agree with any of these Terms of Use or the documents they refer to, You may not utilise the Services in any manner whatsoever. You acknowledge that these Terms of Use are a contract between You and Us, and even though it is electronic and not physically signed by You, it governs Your use of the Services.

If You are agreeing to these Terms of Use on behalf of an organisation or entity, You represent and warrant that You are authorised to agree to these Terms of Use on that organisation’s behalf and bind them to these Terms of Use (in which case, the references to “You” and “Your” in these Terms of Use, except for in this sentence, refer to that organisation or entity).

Certain terms or definitions used in these Terms of Use shall be found in the Loan Agreement (the “Loan Agreement”) between Helium Health and the Facilities.

2. REGISTRATION

To participate in the Program or apply for a loan under the Program, You may be required to submit information through the Program Website or other approved partner channels. Where required, You may also need to create an account (“Account”) to enable Us to process Your application. When creating an Account or submitting an application, You will be required to provide certain information that personally identifies Your organisation or entity (and, where applicable, details of its authorised officers, representatives, and other relevant third parties such as guarantors). Such information may include Your email address, first name, last name, business name, phone number, corporate registration details, and any other details We may reasonably request.

You agree to provide accurate, complete, and up-to-date information during the registration process and to promptly update Your information as needed. You are responsible for maintaining the confidentiality of Your account credentials, including Your username and password. You agree to notify Us immediately of any unauthorised use of Your account or any other breach of security.

We may seek to verify Your information (by ourselves or through third-parties) after which We may  approve Your Account unless deemed risky. You give us permission to do all these.

By creating an Account, You represent and warrant that You meet these eligibility requirements. If You are accessing the Services on behalf of an organisation, You affirm that You have the authority to bind that organisation to these Terms of Use.

3. USE OF SERVICES

Our Services are not directed to persons under 18 or the applicable age of majority in Your jurisdiction. We do not knowingly transact or provide any services to persons under 18.

You are independently responsible for complying with all applicable laws related to Your use of Our Services. You agree to use Your Account only for lawful purposes and in a manner consistent with the intended use of the Services.

You are responsible for all activity that occurs under Your account and must notify Helium Health immediately of any unauthorised use or security breach.

4. CHANGE OF INFORMATION

In the event that You change any information provided to Us at the point of applying to participate in the Program or registering Your Account, including, but not limited to Your business name, address, financial institution, mode of payments or where a corporate restructuring occurs, You agree to notify Us within seven (7) days of such change.

We may be unable to respond to You if you contact Us from an address, telephone number or email account that is not registered with Us.

5. REPRESENTATIONS AND WARRANTIES

5.1 You represent and warrant to Helium Health that:

  • You have full power, authority and all necessary consents to enter into, execute, deliver and perform Your obligations under these Terms of Use; 
  • You are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of Your organisation and are duly authorised to do business in all other states, regions or countries in which Your business operates;
  • You are registering an Account on behalf of Your healthcare facility or pharmacy;
  • You will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations;
  • Any information You provide to Us, both when You register and in the future, is and will be true, accurate, current and complete;
  • Your entry into and performance of these Terms of Use do not:
    • conflict with or result in the breach of Your obligation under any contract or agreement; and
    • conflict with or result in the breach of any applicable law or other restrictions or obligations that You are subject to.
  • You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the operation of the Services;
  • You will maintain and promptly amend all Your information to keep it true, accurate, current, and complete.
  • You must update us from time to time of any material change; and
  • You accept and agree to these Terms of Use.

6. ACCOUNT SECURITY

You agree not to allow anyone else to have or use Your password details and to comply with all reasonable instructions We may issue regarding account access and security.

In the event You share Your password details, Helium Health will not be liable to You for losses or damages.

You shall take all reasonable steps to maintain the security of the systems, networks, and devices through which You access the Services. This includes implementing appropriate access controls, ensuring that only authorised representatives use your corporate accounts or credentials, and safeguarding login details, passwords, and authentication mechanisms from unauthorised use.

You are responsible for securely managing Your password(s) for the Services and to contact Helium Health if You become aware of any unauthorised access to Your Account.

7. LINKS TO OR CONNECTIONS WITH THIRD PARTY SITES OR APPLICATIONS

Our Services or communications to You may contain third-party content or links to third-party sites, applications or services (collectively, “Third–Party Content”). Our Services may also include features that allow You to connect Your Account with accounts or services provided by third-parties, such as accounts You maintain with financial institutions or social media platforms like Facebook (collectively, “Third-Party Services“). We do not control, maintain, or endorse the Third-Party Content or Third-Party Services, and We are not liable for any Third-Party Content or Third-Party Services, including any damages, losses, failures, or problems caused by, related to, or arising from Third-Party Content or Third-Party Services. Your interactions and business dealings with the Third-Party Content or Third-Party Services providers, including products or services offered by such third-parties, are solely between You and the third-party.

You should review all of the relevant terms and conditions associated with Third-Party Content or Third-Party Services, including any privacy notices and terms of service. We are not responsible for any information You agree to share with third-parties connected with Third-Party Content or Third-Party Services.

8. LENDING TERMS

8.1 Your Obligations:

  • You agree to be bound by the contractual terms governing Your participation in the Program, which include the Offer Letter, Terms of Engagement, Loan Agreement executed between You and Helium Health, and these Terms of Use (collectively, the “Agreement”). You agree to pay Helium Health the loan sum, including any convenience, default or penalty fees, flat interest rate, and other amounts due to Helium Health (collectively referred to as “Loan Sum/Credit Facility”), which is charged to Your Account. You also agree to pay these amounts as agreed in these Terms of Use on or before the Payment Due Date.
  • Helium Health reserves the right to presume that You have authorised any loan application made in your Facility’s name using this Account. You will be deemed responsible for any unauthorised application that is made through this Account.
  • You agree to repay the Loan Sum given to You via direct cash transfer to a bank account listed by Helium Health, an electronic debit from the card/account You provided on the due date, or through an acceptable electronic channel. Helium Health reserves the right to accept early repayment before the Payment Due Date, provided You have given adequate notice and repay the entire Loan Sum along with the accrued interest.
  • In the event of a default or insufficiency of funds in Your bank account, You hereby authorise Us to request or initiate payment using any other valid payment method You have previously provided through Our secure payment gateway. This may involve partnering with our payment processor in compliance with security standards.
  • You understand and agree that We do not store card details on Our Website; thus, card details shall be processed through a secure payment gateway that is PCI DSS compliant.
  • You agree to give Helium Health complete, authentic and up-to-date corporate, contact  and financial records about You that We may request and analyse from time to time.
  • You agree to pay all collection costs if Helium Health takes any action to collect the Loan Sum or take any action in a bankruptcy proceeding filed by or against You. This shall include, unless prohibited by applicable law, attorneys’ fees and expenses incurred while collection lasts.
  • You agree not to give Us false information or signatures, electronic or otherwise, at any time.
  • You agree to pay a Late Fee or penalty fee as may be provided in these Terms of Use or the Loan Agreement.
  • You agree to promptly notify Helium Health if You change Your business name, business or mailing address, e-mail address or telephone number, directors, shareholders, or any other information used in creating or maintaining your Account.
  • You agree to participate in recorded pre-disbursement telephone calls or virtual meetings with the Lender as a pre-condition for obtaining the Loan Sum.
  • You hereby agree to honour any other commitment that You make in these Terms of Use and the Loan Agreement.
  • You agree to refrain from using Helium Health for any act of illegality or criminality, and Helium Health shall not be legally or criminally culpable for any illegality committed by You.

8.2 Our Rights and Obligations:

  • Subject to the availability of funds, We agree to make the Loan Sum/Credit Facility available to You provided You meet Our set requirements and criteria.
  • We agree to perform Our obligation to make the Loan Sum/Credit Facility available to You upon confirmation by Us of Your corporate identity, financial standing, credit worthiness, and any other conditions we deem necessary.
  • To demand repayment from You as and when due.
  • To conduct investigations on You before opening an account for You.
  • To use all reasonable and legitimate means to recover the Credit Facility extended to You, the default fee, the transaction fees and any other fee or penalty which may be imposed on You as a result of the Credit Facility.
  • By accepting these Terms of Use, You hereby covenant to fulfill Your obligations, under these Terms of Use and the Agreement, as at when due. If You do not  fulfill all Your  obligations as agreed, and such obligation becomes delinquent, Helium Health shall have the right to report the delinquent obligation to the Central Bank of Nigeria through the Credit Risk Management System (“CRMS“) or by any means, and request the Central Bank of Nigeria to exercise its regulatory powers to direct all banks and other financial institutions under its regulatory purview to set-off Your indebtedness from any money standing to Your credit in any bank account and from any other financial assets they may be holding for Your benefit.
  • Further to the preceding clauses in this clause 8.2, You covenant and warrant that Helium Health shall have the power to set off Your indebtedness under these Terms of Use and the Agreement from all such monies and funds standing to Your credit/benefit in any and all such accounts or from any other financial assets belonging to You and in the custody of any such bank.

8.3 Credit Reference:

  • We or Our duly authorised representatives/agents will utilise dedicated Credit Bureaus for a credit report on You in considering any application for a credit facility.
  • You authorise Us to access any information about You as provided by the Credit Bureau.
  • You also agree that Your details (excluding the card details) and the Loan application decision may be registered with the Credit Bureau.

9. UNACCEPTABLE USE

9.1 You shall not and shall not permit any person using your Device or Account to:

  • use this Website in a way that causes or could cause damage or restrict the availability or accessibility of the Website;
  • store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Website;
  • conduct any fraudulent or illegal activities via the Website.

9.2 You hereby understand and agree that if a fraudulent activity is associated with the operation of your Account, We have the right to apply restrictions to your Account and report to the appropriate law enforcement agencies.

10. COMPLIANCE AND RISK CONTROL

10.1 We have the authority and Your consent to monitor Your activities on Our Website and Your use of Our Website for any transaction or activity.

10.2 We may suspend Your Account or Your access to the Services in the following circumstances;

  • where We believe that Your application is fraudulent or unauthorised;
  • where We suspect a risk of default;
  • where We have concerns about the security of Our Website;
  • or where You log incorrect login details severally.
  • Where We suspend Your access for supplying incorrect login details, You can rectify this by resetting Your password.
  • In any other circumstances where We deem it necessary to suspend Your Account or Your access to the Services.

10.3 Where We intend to suspend Your Account or Your access to Our Services, We may give you 24 hours advance notice except where the notice will compromise Our operations or the security of Our Website.

10.4 You agree that We reserve the right to request additional documents that support Your transactions.

10.5 We reserve the right to investigate You and Your transactions if We deem Your activities to be fraudulent or otherwise suspicious.

11. INTELLECTUAL PROPERTY

11.1 Our Content:

All content and materials, including but not limited to images, text, visual interfaces, information, data, and computer code, provided by Us through Our Services (our “Content“) and all related intellectual property rights are the property of Helium Health and/or its third-party licensors. Our Content is protected by Nigerian and international intellectual property laws and treaties. You are permitted to use Our Content only on Our Services. You may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) Our Content, in whole or in part, without Our express prior written consent. You may not reverse engineer or reverse compile any of Our Services or the technology used to operate Our Services. Nothing in these Terms of Use, the Agreement, or Our Services grants You, by implication, estoppel, or otherwise, any license or right to use Our Content except as expressly stated in these Terms of Use, and in such situations, subject to our prior written approval.

11.2 Our Partners’ Intellectual Property:

Our Services may also display specific intellectual property, such as company, product, and service name and logos, owned by Our partners (our “Partners’ Intellectual Property“). Nothing in these Terms of Use, the Agreement, or Our Services grants You, by implication, estoppel, or otherwise, any licence or right to copy, modify, sell, reproduce, distribute, republish, display, post, create derivative works from or transmit in any form (including in-line linking or mirroring) any of Our Partners’ Intellectual Property.

11.3. Ownership of De-Identified Data, Derived Works, and AI Models:

You authorize Helium Helium to de-identify and/or aggregate Your Data in accordance with applicable laws, including NDPA standards. You acknowledge and agree that Helium Helium Health exclusively owns all rights, title, and interest in and to:

i. The resulting de-identified, anonymized, and/or aggregated datasets (“Derivative Data”).

ii. All insights, analytics, and derivative works created from this data.

iii. Any Artificial Intelligence (AI) or Machine Learning models, algorithms, software, and related intellectual property developed, trained, validated, or improved by Helium Health using the Data or Derivative Data.

Helium Health retains the unrestricted, perpetual, irrevocable right to use, modify, license, sell, and otherwise commercially exploit the Derivative Data and derived works (including AI models) for any lawful purpose, including commercial partnerships, research, and product development, without obligation or accounting to You.

12. DISCLAIMER

We try to keep Our Website available at all times, bug-free and safe, however, You use it at Your own risk.

Our Services are provided “as is” without any express, implied and/or statutory warranties (including, but not limited to, any implied or statutory warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement of intellectual property rights). Without limiting the generality of the foregoing, Helium Health makes no warranty that Our Website and Services will meet Your requirements or that Our Website will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You through Our Website or from Helium Health, its parents, subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “Helium Health Parties or Helium Health Affiliates“) shall create any warranty.

13. LIMITATION OF LIABILITY

UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST HELIUM HEALTH OR HELIUM HEALTH  AFFILIATES IS A REFUND OF ANY AMOUNT PAID FOR THE SPECIFIC SERVICE THAT GAVE RISE TO THE CLAIM PROVIDED THAT THE MAXIMUM AGGREGATE REFUND THAT SHALL BE PAYABLE BY HELIUM HEALTH OR HELIUM HEALTH AFFILIATES TO ANY NATURAL OR ARTIFICIAL PERSON SHALL BE EQUAL TO AN AMOUNT THAT SHALL NOT EXCEED N1,000,000 (ONE MILLION NAIRA). NO OTHER REMEDY IS AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY REMEDY FOR DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE HELIUM HEALTH WEBSITE, SERVICES, OR CONTENT. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO HELIUM HEALTH OR HELIUM HEALTH AFFILIATE NEGLIGENCE, OTHER FAULT, ERROR, OMISSION, OR NON-PERFORMANCE.

NEITHER HELIUM HEALTH NOR HELIUM HEALTH AFFILIATES ACCEPT ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF ANY ENTITY OR INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, FINANCIAL INSTITUTIONS, CREDIT BUREAUS, AND ANY OTHER ENTITY OR INDIVIDUAL), HEALTHCARE PROVIDER, MEDICAL PROFESSIONAL, OR OTHER USER OF THE WEBSITE, NOR FOR ANY OUTCOMES ARISING FROM THE USE OF THE WEBSITE SERVICES IN THE DELIVERY OF MEDICAL CARE OR FOR ANY OTHER PURPOSES.

HELIUM HEALTH AND HELIUM HEALTH AFFILIATES DOES NOT PROVIDE MEDICAL ADVICE OR DIRECT PATIENT CARE, AND ANY CLAIMS ARISING OUT OF THE MEDICAL DECISIONS OR ANY OTHER DECISIONS OR ACTIONS OF INDIVIDUALS, HEALTHCARE PROVIDERS, MEDICAL PROFESSIONALS, OTHER USERS OF THE WEBSITE,  OR ANY ENTITY OR INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, FINANCIAL INSTITUTIONS, CREDIT BUREAUS, AND ANY OTHER ENTITY OR INDIVIDUAL) ARE EXCLUDED FROM LIABILITY UNDER THIS AGREEMENT.

14. INDEMNITY

14.1 You agree to defend, indemnify, and hold Helium Health, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, legal and accounting fees, resulting from, or alleged to result from:

  • Your violation of these Terms of Use and the Agreement;
  • Your actions and omissions in connection with the use of the Services; and 
  • Our actions or omissions; or
  • Your violation of the rights of a third-party, including but not limited to intellectual property rights.

14.2 Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at your expense, with Our defence of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. This provision shall survive the expiration or termination of these Terms of Use and the Agreement.

15. EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to You. To the extent that any Helium Health Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Helium Health Party’s liability shall be the minimum permitted under such applicable law.

16. FORCE MAJEURE

Under no circumstances shall Helium Health be liable where the performance of these Terms of Use or any obligation under it is prevented, restricted or interfered with by reason of a Force Majeure event. Where a Force Majeure event occurs, Helium Health shall be excused from performance of these Terms of Use and its obligations to the extent of, or for the period of the prevention, restriction or interference.

For the purpose of these Terms of Use,“Force Majeure event” means any event or circumstance beyond the reasonable control of the Parties that is not foreseeable, is unavoidable and its origin is not due to negligence or lack of care on the part of the Parties. Such events include but are not limited to acts of God, fire, flood, invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, pandemics or epidemics, acts of terrorism and any other circumstance which may hinder or delay the performance of the obligations of the Parties under this Agreement.

Helium Health may inform You of any delay in delivering the Services as soon as reasonably practicable.

17. GOVERNING  LAW

These Terms of Use shall be interpreted, governed and construed in accordance with the laws of the Federal Republic of Nigeria.

18. DISPUTE RESOLUTION

All disputes arising from these Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

Without prejudice to the rights or remedies available to Helium Health under the Agreement, any dispute arising out of or relating to these Terms of Use, including any question regarding its existence, validity, contractual obligation or termination by the Parties, shall be settled through amicable informal and formal discussions between the Parties.

Without prejudice to the rights or remedies available to Helium Health under the Agreement, if any such dispute is not settled between the Parties within fourteen (14) business  days, the Parties agree to submit such dispute to Mediation at the Lagos State Multi-Door Courthouse (LMDC) for final resolution under the provisions of Lagos State Multi-Door Courthouse (LMDC) Law 2007.

Notwithstanding the provisions above, Helium Health shall be entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the outcome of the Mediation.

19. TERMINATION

19.1 We may suspend Your Account and Your access to Our Services and any funds, or terminate these Terms of Use, if:

  • You do not comply with any of the provisions of these Terms of Use;
  • We are required to do so by a Law;
  • You become bankrupt;
  • We choose to discontinue the Program or operate the Website.
  • We are directed by a financial institution; or
  • where a suspicious or fraudulent transaction occurs.

19.2 We reserve the right to enforce the obligations contained herein, even if You have ceased participating in the Program or no longer access the Website or after the termination of these Terms of Use until all Your obligations are fulfilled.

19.3 Upon termination of these Terms of Use, the rights granted to You under these Terms of Use shall cease to exist. Notwithstanding anything contained in these Terms of Use or otherwise, the termination of these Terms of Use, for any reason whatsoever, shall not affect Your obligations, including but not limited to repayment of any outstanding amount(s).

20. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (“Submissions“) provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to You. You hereby waive all moral rights, intellectual property rights or any other rights to any such Submissions and warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against Us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.

21. CONFIDENTIALITY

You undertake that all communication, content, intellectual property, or other information, and materials on the Website either marked ‘confidential’ or is by its nature intended to be for Your knowledge alone, shall be kept confidential.

Furthermore, any communication, content, intellectual property, or other information, and materials You obtain in terms of or arising from the use of this Website shall be treated as confidential and shall not be divulged or permitted to be divulged to third parties, without Our prior written consent.

Helium Health will maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality and integrity of Your data.


Helium Health may also disclose Confidential Information and information about the Account, Your Data and Users in order to (a) comply with the applicable laws and regulations; (b) respond to lawful requests, legal process, orders from a court/other legal authority and/or subpoena; (c) protect Helium Health’s rights or property, including enforcement of these Terms of Use or other policies associated with the Services; and/or (d) protect personal safety.

22. SEVERABILITY

If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from the Terms of Use and shall not affect the validity or enforceability of any other part in these Terms of Use.

23. WAIVER

No failure or delay by Us to exercise any right or remedy provided under these Terms of Use for applicable law, or a single or partial exercise of such right or remedy, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that or any other right or remedy.

24. PUBLICITY

You grant us the right to add your name and company logo to our customer list and website. You can opt-out of this use by sending a Publicity Opt-Out mail to dpco@heliumhealth.com.

25. ASSIGNMENT

You shall not assign Your rights under these Terms of Use, in whole or in part, without Our prior written consent. Any attempt to do so will be void and constitute a material breach of these Terms of Use.

We may assign these Terms of Use, in whole or in part, or subcontract Our obligations under it, without Your consent.

26. NOTICE

By accepting these Terms of Use, You explicitly consent to be contacted by Us, Our agents, representatives, affiliates, or anyone calling on Our behalf for any and all purposes. You may be contacted via Your registered telephone number, physical or electronic, or any other address at which You may be reached. You agree that We may contact You in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by You or someone else. In the event that any of Our agents or representatives calls, he or she may also leave a message on Your voicemail, or send one via text.

27. CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES

We operate internet-based solutions, therefore, You agree that all such (explicit and implied) consent to transact business with Us online and electronically is legally binding and to be held as if You had physically appended signatures as applicable.

By agreeing to these Terms of Use, You agree that all such electronically shared communication, documents, notices, contracts, and agreements arising from or relating to Your use of the Service, including any loans You may request or receive, Your registration on Our Website, Your use of the Services, and the servicing of Your loan, if funded, is legally binding.

28. RECORDS

You agree that, except in the case of manifest error, Our record of the Services We offered and of transactions carried out through Our Website is conclusive evidence of its contents.

29. UPDATES, MODIFICATIONS AND AMENDMENTS OF TERMS

Helium Health may modify these Terms of Use from time to time and such modification shall be effective upon posting on the Website. We will alert You about any changes by updating the “Last updated” date of these Terms of Use, and You waive any right to receive specific notice of each such change. You agree to be bound to any changes to these Terms of Use when You use the Website after any such modification is posted. It is therefore important that You review these Terms of Use regularly upon each use of the Services to ensure You are updated as to any changes.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time without prior notice to You.

We advise that You check this page often, referring to the date of the last modification on the page. If a User objects to any of the changes to the Terms of Use, the User must cease using Our Website  and/or Services immediately. If You keep using Our Services after any modification, You will be deemed to have accepted the modification.

30. FEEDBACK AND COMPLAINTS

You agree to use commercially reasonable efforts to give Helium Health feedback about the Services. You also agree that Helium Health owns all comments, suggestions, and other feedback (collectively, “Feedback“) about the Services You give to Helium Health. You shall and hereby irrevocably transfer and assign to Helium Health all rights, titles, and interests it may have in such feedback, which Helium Health hereby accepts.

If You have any complaints or reservations about Us or any of the Services We provide, You may contact Us via support@heliumhealth.com.

Last updated: September 2025

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