Terms of Service

These Terms of Service (these “Terms”) form a binding agreement between you and Helix Reserve LLC (“LumaGen,” “we,” “us,” or “our”), the provider of the LumaGen subscription service, mobile applications, website at lumagen.me, and all related software and content (collectively, the “Service”). By creating an account, subscribing, or otherwise accessing the Service, you agree to these Terms and to our Privacy Policy.

You must be at least 18 years old and able to form a binding contract under applicable law to use the Service. The Service is offered only to users located in the United States and is not directed to individuals in any jurisdiction where the Service would be unlawful.

Please read Section 20 (Dispute resolution and arbitration) carefully. It requires most disputes to be resolved through individual binding arbitration and waives your right to participate in a class action, unless you opt out as described there.

LumaGen is a direct-to-consumer subscription service that follows the public scientific guidance applicable to your previously obtained hereditary-cancer genetic test result, and reaches out to you when a relevant change occurs. An internal licensed genetic counselor reviews each change before any communication is sent to you.

The Service is informational decision support only. It is not a diagnostic service, a laboratory, a substitute for a physician, surgeon, genetic counselor, or other qualified healthcare professional, and it does not provide medical advice, medical opinions, or treatment recommendations. The internal genetic counselor’s review of monitored changes does not create a clinician-patient relationship between you and that counselor or between you and LumaGen. Any document the Service prepares for your clinician is intended to be discussed with that clinician at their professional discretion.

The Service does not perform genetic testing, does not re-test or re-analyze any sample, and does not re-interpret raw genetic data. It follows the public guidance applicable to a result you have already obtained elsewhere and that you provide to us.

Automated processing under human review. The Service uses automated tools, including artificial-intelligence systems, to help identify, extract, and summarize changes in public guidance. These tools operate as an aid to LumaGen’s internal licensed genetic counselor, who reviews each monitored change before any communication is sent to you. Automated tools can produce incomplete or inaccurate output; the counselor’s review is a safeguard, but LumaGen does not warrant that every output is complete, accurate, or error-free.

The Service supplements, and does not replace, your own care. You are responsible for maintaining your own relationships with your healthcare providers and for your own screening, testing, and follow-up. You should not rely on the Service as your sole means of staying informed about your genetic risk, and you should not delay, forgo, or alter any screening, test, appointment, or treatment based on whether or not the Service sends you a notification.

You should always seek the advice of a qualified healthcare professional for any question regarding your health, your genetic risk, or any treatment. Never disregard professional medical advice or delay seeking it because of information you obtained from the Service. If you believe you are experiencing a medical emergency, call your local emergency number.

To use the Service, you must create an account through Supabase Auth using a single-use email link or one-time code. You are responsible for keeping your access to that email account secure and for all activity that occurs under your LumaGen account. Notify us at hello@lumagen.me immediately if you suspect unauthorized access.

You agree to provide accurate information about yourself and your family history, and to keep it up to date. You may not share an account or impersonate another person.

The Service depends entirely on the accuracy and completeness of the information you provide, including your genetic test result, the specific gene and variant, any laboratory report you upload, your demographic information, and your family health history.

You represent and warrant that all information you submit is true, accurate, and complete to the best of your knowledge; that any documentation you upload is genuine; and that the result, documentation, and family history you provide pertain to you and not to another person, unless you have that person’s authorization to provide their information.

You are solely responsible for the information you provide. If the information you provide is inaccurate, incomplete, outdated, or not genuinely yours, the notifications and documents the Service generates may be irrelevant, incomplete, or inapplicable to you, and LumaGen is not responsible for any outcome arising from such information.

You agree to keep your information — including your result and your family health history — current as it changes. The Service reflects the information in your account as of the time you provide and update it.

Before the Service begins delivering guideline-change notifications to you, a member of LumaGen’s clinical team may review the result you have declared against supporting documentation you provide. This review is a quality step intended to confirm that your declared result is consistent with your submitted documentation.

Verification is a consistency check only. It does not independently establish, re-test, re-analyze, or guarantee the correctness of your underlying genetic test result, and it does not validate the accuracy of the laboratory or report that produced that result. Verification confirms consistency between your declaration and your documentation; it is not a confirmation that the underlying result is medically correct, and it is not a substitute for laboratory or clinical confirmation.

Where a result has not been verified, or where you have indicated that you do not have supporting documentation, the Service may withhold guideline-change notifications and may indicate, on any document it generates, that the result is self-reported and not verified against a laboratory report. You remain responsible for the accuracy of self-reported information whether or not it has been verified.

Family health history is provided by you and is not independently verified by LumaGen. Any document that reflects family history is based solely on what you have reported.

The Service monitors for changes relevant to the gene(s) and result(s) associated with your account. If you do not provide a result, or provide only certain information (for example, a negative result or family history alone), the Service may generate limited notifications or none, and you may receive limited or no monitoring.

LumaGen does not guarantee that it will identify, capture, or notify you of every relevant guideline change, or do so within any particular timeframe. Public guidance sources may change, be delayed, become unavailable, or be revised in ways the Service does not capture, and every notification is subject to human clinical review before it is sent.

Notifications depend on your contact information being accurate and confirmed, and on delivery systems outside our control. LumaGen is not responsible for notifications you do not receive because your contact information was inaccurate, unconfirmed, changed, or filtered by your email provider or device.

The Service is available on a paid subscription basis at the prices and intervals shown at /pricing. Payment is processed through Stripe, Inc. (“Stripe”) and is governed by Stripe’s terms in addition to these Terms.

Auto-renewal. Subscriptions renew automatically at the end of each billing period at the then-current price for that plan. You authorize LumaGen (through Stripe) to charge your payment method for each renewal until you stop renewal.

Stopping renewal. You can stop renewal at any time from the Account screen in the Service. Stopping renewal does not entitle you to a refund of the current period; your access remains active through the end of the period you have already paid for.

Price changes. We may change subscription prices for future periods. We will give you reasonable advance notice (and, where required by law, an opportunity to stop renewal) before any price change takes effect.

Taxes. Prices shown do not include taxes; you are responsible for any applicable taxes assessed by your jurisdiction.

HSA/FSA cards. Many subscribers pay using a Health Savings Account or Flexible Spending Account card. Whether LumaGen is a qualified medical expense depends on your plan administrator’s rules; we make no representation about deductibility.

You agree not to:

• use the Service for anyone other than yourself, or to enter or upload another person’s health information without their permission;
• misrepresent your identity, your result, your family history, or your eligibility;
• attempt to access, scrape, or copy other subscribers’ data or any non-public part of the Service;
• reverse-engineer, decompile, or interfere with the operation or security of the Service;
• use the Service to violate applicable law, regulation, or any third party’s rights;
• resell, redistribute, or commercially exploit the Service or any content we provide without our written permission.

You retain ownership of the information you provide through the Service, including the gene and variant you enter, any lab report you upload, your demographics, your family health history, and the questions you save to discuss with your clinician (collectively, “Your Content”).

You grant LumaGen a limited, worldwide, royalty-free license to host, store, process, and display Your Content solely to provide and improve the Service for you, to deliver notifications and the prepared document for your clinician, and as otherwise described in our Privacy Policy.

With your acceptance of these Terms, you authorize LumaGen to create, use, share, and commercialize (including sell) de-identified, aggregated information derived from Your Content and from the operation of the Service, for purposes that include research, scientific publication, public-health work, and commercial product development. We may combine such information with information from other subscribers and from third-party sources in datasets that no longer identify any individual.

De-identification will be performed in a manner that meets the HIPAA de-identification standard at 45 C.F.R. § 164.514(b), using either the Safe Harbor method or expert determination. Once information has been de-identified to that standard, it is no longer subject to HIPAA and is not, on its own, considered your personal information.

We do not sell or grant rights to sell identifiable Protected Health Information (PHI) or identifiable genetic information. Identifiable data is used only for purposes described in our Privacy Policy (delivering the Service, communicating with you, providing the genetic counselor’s review, and complying with law).

You may opt out of the de-identified-data uses described above at any time by writing to hello@lumagen.me. Opting out applies on a going-forward basis; we cannot retract information already incorporated into a de-identified dataset, because by definition it can no longer be linked back to you.

For purposes of HIPAA, LumaGen operates as a healthcare provider that creates and maintains protected health information (PHI) about its subscribers. We follow the HIPAA Privacy and Security Rules with respect to PHI we hold, maintain Business Associate Agreements with our HIPAA-eligible vendors (including our hosted database and our HIPAA email provider), and document our security and incident-response practices accordingly. You may request our Notice of Privacy Practices at hello@lumagen.me.

When the internal genetic counselor approves a monitored change relevant to your result, the Service prepares a document, in your name, that you may share with your clinician. The document is intended for clinician review and does not constitute a referral, a prescription, or a diagnosis. The document reflects the information you have provided, including whether your result has been verified against supporting documentation, and any family history it reflects is self-reported by you. Whether to act on any item in that document is solely a matter for you and your clinician.

The document is prepared for you, not for your clinician. Your clinician is not a third-party beneficiary of these Terms, exercises independent professional judgment, and is responsible for interpreting the document in the context of your full medical history. LumaGen does not warrant the clinical accuracy, completeness, or applicability of the document to your care.

The Service relies on third-party providers (including Supabase, Stripe, Paubox, Vercel, Anthropic, and Sentry) that operate under their own terms and privacy policies. We choose providers that meet our security and compliance bar, but we do not control their services and are not responsible for them.

The Service, including its software, design system, and content (other than Your Content), is owned by Helix Reserve LLC and is protected by intellectual-property law. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your personal, non-commercial use during your active subscription.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without restriction, attribution, or obligation to you.

We do not guarantee that the Service will be available, uninterrupted, timely, secure, or error-free, or that any defect will be corrected. We may modify, suspend, limit, or discontinue the Service, or any feature of it, in whole or in part, at any time, with or without notice. We are not liable for any unavailability, interruption, or discontinuation of the Service.

You acknowledge that the Service is informational, depends on the information you supply, relies on public guidance and third-party systems outside our control, and is not a substitute for professional medical care or for your own diligence in managing your health. You knowingly accept the risks described in these Terms.

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, LumaGen disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy, and any warranty arising from course of dealing or usage of trade.

To the fullest extent permitted by law, LumaGen is not liable for any harm, loss, or injury arising from: information you provided that was inaccurate, incomplete, outdated, or not genuinely yours; your reliance on Service materials without consulting your own qualified healthcare provider; your delay in, or failure to obtain, any screening, test, appointment, or treatment; any guideline change not identified, captured, or delivered, or delivered late; or any delay in notification or verification.

To the fullest extent permitted by law, LumaGen and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or other intangible losses, arising from your use of, or inability to use, the Service. Our aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of the amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or one hundred U.S. dollars ($100).

Some jurisdictions do not allow certain limitations of liability or the exclusion of certain warranties; in those jurisdictions, the above limitations and exclusions apply to the maximum extent permitted by law. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or personal injury where such limitation is prohibited.

You agree to indemnify, defend, and hold harmless LumaGen and its officers, directors, employees, and agents from any claim, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the Service, the inaccuracy of any information you provided, or your violation of any applicable law or third-party right.

You may stop renewal at any time from your Account screen. We may suspend or terminate your access to the Service if we believe, in good faith, that you have violated these Terms, that continued provision would create legal or safety risk, or that prolonged inactivity warrants closure. On termination, sections of these Terms that by their nature should survive — including 4, 5, 9, 10, 14, 15, 16, 17, 19, 20, 21, and 22 — will survive.

To the fullest extent permitted by law, any claim or dispute arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim or dispute arose. Otherwise, the claim is permanently barred.

Please read this section carefully — it affects your legal rights.

Informal resolution first. We want to resolve concerns without formal proceedings. Before starting an arbitration, you agree to contact us at hello@lumagen.me and give us 30 days to resolve the matter informally.

Binding arbitration. Except for the matters carved out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by a nationally recognized arbitration provider under its consumer arbitration rules, rather than in court. The arbitration will be seated in Maricopa County, Arizona, or conducted by telephone, videoconference, or on documents where the rules allow. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this section.

Class-action waiver. You and LumaGen agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

Carve-outs. This section does not require arbitration of: (a) individual claims brought in small-claims court that qualify to remain there; or (b) claims for injunctive or other equitable relief to stop unauthorized use, or to protect intellectual-property or data-security rights.

30-day opt-out. You may opt out of this arbitration and class-action-waiver section by emailing hello@lumagen.me within 30 days of first accepting these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

Severability of this section. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court; the rest of this section remains in effect.

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles, and by applicable U.S. federal law (including the Federal Arbitration Act, which governs Section 20). To the extent any dispute is not subject to arbitration and may be brought in court, the state and federal courts located in Maricopa County, Arizona will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there. Nothing in this section limits your right to pursue remedies that cannot be waived under applicable law.

Electronic communications. You consent to receive communications from us electronically, including notices and disclosures sent to the email associated with your account or posted in the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

Severability. If any provision of these Terms is held to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. Any waiver must be in writing to be effective.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, financing, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, outages, network or vendor failures, labor disputes, or governmental action.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and LumaGen regarding the Service and supersede any prior agreements. Section headings are for convenience only and do not affect interpretation.

We may update these Terms from time to time. When we make a material change, we will give you reasonable advance notice (for example, by email or in-product notice) and update the “Effective” date above. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Questions about these Terms? Reach us at hello@lumagen.me.