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 service, mobile applications, website at lumagen.me, and all related software and content (collectively, the “Service”). By creating an account 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 free, direct-to-consumer service that helps you record your family health history, optionally record a hereditary-cancer genetic test result you have already obtained elsewhere, see general educational context drawn from named public sources, and produce a document you may choose to share with your own healthcare providers.

The Service is informational 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. Using the Service does not create a clinician-patient relationship between you and Lumagen or between you and any clinician associated with Lumagen. Any document the Service prepares is intended to be discussed with your 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.

The Service does not monitor anything on your behalf. Lumagen does not watch clinical guidelines, does not track changes to the scientific literature, does not re-evaluate your result over time, and will not contact you if guidance relevant to you changes. Nothing in the Service should be understood as ongoing surveillance of your genetic risk. Staying current with your care is a matter between you and your healthcare providers.

What the Service shows you is informational support, not a clinical directive. The Service compares the family health history you enter against published criteria and tells you which of them your history matches. A match is a statement about the pattern you recorded, not a finding about your body, a diagnosis, or an instruction to do anything. It does not mean you carry a genetic variant, that you will develop any condition, or that testing is indicated for you. Every output must be reviewed and interpreted by a qualified healthcare professional, who remains responsible for all decisions about your care.

Any risk estimate is a published model, not a prediction about you. Where the Service displays a risk estimate, it identifies the model and its source, describes populations rather than individuals, and cannot tell you whether you will or will not develop a condition. Every model has a population it was built for and situations in which it does not apply; the Service states those limits where it shows a result, and you should not rely on an estimate outside them.

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 delay, forgo, or alter any screening, test, appointment, or treatment based on anything the Service shows you or does not show you.

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.

You must be 18 or older. By creating an account you represent that you are at least 18 years of age. The Service is not directed to children, and we do not knowingly create accounts for, or collect information from, anyone under 18. If you believe a minor has created an account, write to hello@lumagen.me and we will delete it.

Do not record information about minors. The Service records the health history of adults only. You may add an adult son or daughter, and the Service will not accept an age under 18 for them. You should not enter a minor’s health information by any other means either.

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.

Information about your relatives. A family health history is, by its nature, a record of other people. You are responsible for obtaining any permission required before entering another person’s health information, and for deciding how much detail to record about them. Lumagen has no relationship with your relatives, cannot seek their permission on your behalf, and does not do so. You may not enter the health information of anyone under 18.

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.

Everything in your account is self-reported. Lumagen does not verify your family health history, does not verify any genetic test result you record, and does not review supporting documentation you choose to upload before making the Service available to you. There is no approval step, and no part of the Service waits on a review by Lumagen.

This means the Service can only be as accurate as what you enter. A misremembered age, an omitted relative, or a result recorded incorrectly will flow through to everything the Service shows you and to any document it produces, without Lumagen detecting it.

Any document the Service generates states plainly that its contents are self-reported and have not been verified by Lumagen or reviewed by a clinician. You are responsible for the accuracy of what you enter and for correcting it if it changes or turns out to be wrong.

The Service does not monitor guidelines, publications, databases, or your record for changes, and it will not notify you if something relevant to you changes. If you previously used a version of Lumagen that offered guideline monitoring, that functionality is not part of the Service described by these Terms.

Any information the Service shows you reflects its sources as of the date shown alongside them. Sources are revised over time, and the Service does not re-check them on your behalf or tell you when they change.

Because there is no monitoring, you should not treat the absence of any communication fromLumagen as an indication that nothing relevant to you has changed. It is not evidence of anything.

The Service is provided free of charge. There is no subscription, no paid tier, and no feature that requires payment. Lumagen does not collect payment card details, does not bill you, and does not process payments.

Lumagen may introduce paid features in the future. If it does, it will say so clearly before any charge, and any paid feature would be optional and separately agreed. Nothing in these Terms authorizes Lumagen to charge you.

Providing the Service without charge does not create an obligation to continue providing it, and Section 15 (Service availability) and Section 18 (Termination) apply regardless.

You agree not to use, or attempt to use, the Service in any way that:

• creates an account if you are under 18, or creates one on behalf of someone who is;
• records the health information of anyone under 18;
• enters or uploads another person’s health information without any permission that person’s circumstances require;
• misrepresents your identity, your affiliation, your genetic result, your family health history, or your eligibility to use the Service;
• accesses or attempts to access an account, record, or any non-public part of the Service that you are not authorised to view;
• circumvents or attempts to circumvent authentication, access controls, rate limits, or any other security mechanism;
• uses automated scripts, bots, scrapers, or other automated means to access the Service or extract data from it;
• interferes with, disrupts, or degrades the security, integrity, availability, or performance of the Service;
• introduces malicious code, or uploads a file intended to damage or compromise the Service or any user of it;
• reverse-engineers, decompiles, disassembles, or attempts to derive the source code or underlying logic of the Service;
• copies, republishes, resells, or otherwise commercially exploits the Service or any content we provide, without our written permission;
• presents any output of the Service as a diagnosis, a clinical recommendation, or the opinion of a healthcare professional;
• uses the Service to make or support a decision about another person’s employment, insurance, credit, or housing;
• uploads content that is unlawful, defamatory, harassing, threatening, obscene, or that infringes the intellectual property, privacy, or other rights of any third party;
• violates any applicable law or regulation.

We may suspend or close an account that we reasonably believe is being used in any of these ways, and Section 18 governs what happens to your information if we do.

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 users 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.

How to withdraw. To withdraw your information from the uses described in this Section, send a written request to legal@helix-reserve.com. Withdrawal takes effect prospectively from the date we action it and does not affect datasets already created, which contain no link back to you.

For purposes of HIPAA, Lumagen operates as a healthcare provider that creates and maintains protected health information (PHI) about its users. 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.

The Service can generate a document, in your name, summarizing what you have entered - your family health history, any result you have recorded, and any risk estimate the Service has shown you, with its source. You choose whether to generate it and whether to share it. It is free, and it is not gated on any review by Lumagen.

The document is a record of what you reported. It is not a referral, a prescription, a diagnosis, or a clinical assessment, and it contains no interpretation by Lumagen of what your information means for your care. It states on its face that its contents are self-reported and unverified. Whether to act on anything in it 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, Paubox, and Vercel) 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 while you have an account.

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 the absence of any notification, given that the Service does not monitor anything.

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.