Terms of Service

DRAFT v0.4.2 — pending attorney review. Last updated: April 22, 2026.

Terms of Service

Welcome to Helix Anesthesia ("the App," "we," "us"). By downloading, installing, creating an account, or using this App, you agree to be bound by these Terms of Service. If you do not agree, do not use the App.

By using this App, you acknowledge you have read, understood, and agreed to these Terms in full, including the arbitration clause in Section 13.

1. Educational Reference Only — Not Medical Advice

The App is an educational reference and decision-support tool for licensed clinicians. The App is:

· NOT medical advice

· NOT a substitute for clinical judgment

· NOT FDA-cleared or approved as a medical device

· NOT a diagnostic tool

All content — including drug dosages, block recommendations, crisis algorithms, calculator outputs, and AI-generated responses — is for informational purposes only and must be independently verified against current package inserts, institutional protocols, peer-reviewed sources, and the specific patient context before any clinical use.

You, the clinician, are solely and exclusively responsible for all clinical decisions. The App must never be the sole basis for any patient-care decision.

2. Eligibility and Intended Users

This App is intended exclusively for use by licensed healthcare professionals in good standing or healthcare students in supervised clinical training — including anesthesiologists, CRNAs, anesthesiologist assistants (AAs), anesthesia residents and fellows, student registered nurse anesthetists (SRNAs), and medical/dental students in clinical rotations.

By using the App, you represent and warrant that:

• You are at least 18 years old

• You are a licensed or training healthcare professional

• You will use the App only within your scope of practice

• You will independently verify all content before clinical use

Patients, family members, students without supervision, or the general public may not use this App to make clinical decisions.

3. User Responsibility and Indemnification

You agree to indemnify, defend, and hold harmless Helix Anesthesia, its owners, developers, officers, employees, contractors, and affiliates from any claim, loss, damage, liability, cost, or expense (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the App

• Your clinical decisions or patient care activities

• Your violation of these Terms

• Your violation of applicable law or third-party rights

• Any information you submit to the App, including accidentally-submitted PHI

4. No Warranty

THE APP AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

We make no representation that clinical content is current, complete, accurate, or applicable to any specific patient. Medicine evolves rapidly. Content may contain errors. You use the App at your own risk.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HELIX ANESTHESIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, or goodwill

• Patient harm, medical errors, or adverse clinical outcomes

• Damages arising from reliance on App content or AI-generated output

• Damages arising from App unavailability or technical problems

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, REGARDLESS OF LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow exclusion of certain damages; in those jurisdictions liability is limited to the minimum extent permitted by law.

6. AI-Generated Content

The AI chat feature uses large language models which may produce output that is incorrect, incomplete, outdated, biased, or fabricated. AI-generated responses are not verified by clinicians and must not be relied upon as the sole basis for any clinical decision.

Do not submit Protected Health Information (PHI) — including patient names, MRNs, dates of birth, addresses, phone numbers, or other identifiers — to the AI chat. You are responsible for any PHI you transmit through the App. We operate under the assumption that users will comply with this requirement.

7. No PHI; No BAA; Not HIPAA-Compliant

The App is NOT a HIPAA-compliant service. We do not currently have Business Associate Agreements (BAAs) with all subprocessors and do not represent that transmitted data is protected under HIPAA requirements.

Do not use the App to store, transmit, or process PHI. If you submit PHI despite this prohibition, you assume all resulting risk and liability.

8. Intellectual Property

The App, including text, graphics, logos, algorithms, and UI designs, is owned by Helix Anesthesia and protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for your personal clinical reference purposes only.

You may not copy, modify, reverse engineer, decompile, distribute, or create derivative works from the App or its content without prior written consent.

9. User-Submitted Content

If you upload documents, submit feedback, or otherwise provide content to the App, you grant us a non-exclusive, royalty-free license to use that content to operate and improve the App. You represent you have the rights to any content you submit.

10. Subscriptions and Billing

Paid subscriptions are billed through Apple App Store or Google Play Store per their terms. Subscriptions auto-renew unless cancelled before the renewal date. Refunds are governed by the applicable app store's policy.

Prices may change; changes will be announced with reasonable notice.

11. Termination

We may suspend or terminate your access for violation of these Terms, misuse of the App, or illegal activity. You may stop using the App at any time by uninstalling it.

Sections 3–7, 13, and 14 survive termination.

12. Modifications

We may update these Terms periodically. Material changes will be communicated through the App or via email. Continued use after changes constitutes acceptance.

13. Binding Arbitration and Class Action Waiver

PLEASE READ CAREFULLY. Any dispute arising out of or relating to these Terms or your use of the App shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in the English language.

You waive the right to a jury trial and waive the right to participate in any class action, class arbitration, or representative proceeding against us.

This arbitration provision does not apply to (a) small-claims court actions, or (b) claims to enforce intellectual property rights.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Oklahoma, United States, without regard to conflict-of-law provisions. Any action not subject to arbitration shall be filed exclusively in the state or federal courts of Oklahoma.

15. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.

16. Academic Integrity (Student Users)

If you use this App as a student enrolled in a healthcare training program (including but not limited to nurse anesthesia, medical school, or resident physician training), you are solely responsible for complying with your institution's policies on the use of AI-powered reference tools and external resources.

The App is designed as a clinical reference tool, not an examination aid. You agree NOT to use the App during any proctored exam, timed quiz, take-home test, or graded assessment unless your instructor or program has explicitly permitted it.

Violations of your institution's academic integrity policies are your responsibility, not ours. We may, upon legitimate request from your educational institution, provide usage logs (timestamps, query patterns) to support academic integrity investigations.

If your student account is part of a school partnership or discount program, misuse of the App in violation of academic integrity policies may result in termination of your account and any associated benefits, including loss of student pricing eligibility.

By signing up for any student-tier or school-affiliated access, you attest that you have read your institution's policies on AI tools and external references, and you agree to comply with them.

17. Contact

Questions about these Terms? Contact: support@helixanesthesia.com (placeholder email — will be updated before public release).

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