In this Terms, our platform and websites will collectively be referred to as the "Services", and we use the word "Customer" to refer to any party or individual who subscribes to and pays for our services. We use the word "you" to refer to any individual user of our Services, such as a practitioner or staff member at a Customer's clinic, or an individual browsing or using our websites.
Do read these Terms carefully before subscribing to or using any of the Services. These Terms form an agreement between Helm ("Helm", "We" or "Us") and each person who uses the Services and are accepted by subscribing to our platform or by otherwise using our websites. These Terms may be updated or amended from time to time.
- Subscription and Fees. You can subscribe to our platform by signing up for our subscription plan and paying the applicable subscription fee. Fees are charged monthly or annually in advance in accordance with the billing information provided by you at the time of subscription. Account Owners (defined below) may update their Customer's billing information or cancel their Customer's subscription at any time through their account settings or by contacting us. Except as set forth below under Termination, all fees are non-refundable. Subscriptions and fees will be reviewed if we determine that there is a significant increase in your platform usage over time.
- Availability of the Services. Once a Customer has made payment for a subscription, Helm will make the Services available to the Customer's users (i.e, practitioners, staff, patients) for the purchased subscription plan. Do note that Helm cannot be responsible for any unavailability of the Services caused by circumstances beyond our reasonable control, such as internet outages or issues with your computer systems or devices.
- Account Owner. The person signing up for a subscription on behalf of a Customer is the "Account Owner" and will be authorised to administer the account for the Customer. This includes authorising additional user accounts for practitioners and staff, and granting and revoking user access rights and permissions. Each Customer will have only 1 Account Owner. All questions about a Customer's subscription and its user account(s) should be directed to the Account Owner. A Customer may change its Account Owner only through reaching out to us and upon verification of request.
- User Accounts. Customers and their users must provide accurate, current and complete information when creating their user accounts. Customers are responsible for all activities that occur under their user accounts and for any issues, claims or disputes arising out of the conduct of their users.
Helm will not be liable for any losses or damages caused by a Customer's failure to maintain the confidentiality of its user accounts and its account credentials. If you discover or suspect any unauthorised access to or use of your Customer or user account, please reset your password immediately and notify us at email@example.com.
- Overdue Fees. If any fees are more than 30 days overdue, we may, without limiting our other rights and remedies, suspend or terminate access to the Services until the overdue amounts are paid in full. We will provide at least 7 days prior notice that fees are overdue before we do this, and we will not exercise this right if the Customer is disputing the applicable fees reasonably and in good faith and is cooperating diligently to resolve the dispute.
- Termination By Us. Helm may terminate or suspend access to the Services, or suspend or deactivate a Customer's or a user's account, if the Customer or user breaches any obligations under these Terms. Helm may also terminate a Customer's subscription if Helm discontinues the Services. We will use our best efforts to notify you in advance of any suspension or termination and help the Customer retrieve their Customer Data.
- Refunds. If a Customer terminates its subscription due to a breach by Helm or Helm discontinues the Services, we will refund any fees you had pre-paid for the remaining unused portion of your subscription term. If Helm terminates a Customer's subscription due to a breach by the Customer, the Customer will not be entitled to any refund and must pay any unpaid fees for the remaining unused portion of the subscription term.
Termination does not relieve a Customer of its obligation to pay fees for any period prior to the effective date of termination.
- Ownership and Control. Each Customer retains ownership and control of its patient data and all information collected, entered, created or otherwise provided by the Customer and its users in the course of using the Services (Customer Data”). Customers are responsible for ensuring that their collection and use of Customer Data complies with applicable laws and regulatory requirements.
- Storage and Access. Helm will keep Customer Data stored securely as described below under Security. Helm will only access Customer Data at the request of a Customer or its users, or where needed in order to prevent or address technical problems affecting the Services or if required by law, regulation or court order. As we otherwise have no control over Customer Data, we are not responsible for incorrect, incomplete, lost or damaged Customer Data, except to the extent it is caused by our failure to meet our obligations under these Terms.
- Anonymised/Aggregated Data. Helm may use computer-generated algorithms to gather anonymous and aggregated information from Customer Data in order to assist in our continued development and improvement of the Services, and for research, data analysis, benchmarking, statistics or trend analysis. We will ensure that none of the information we gather identifies, or could be used to identify, any user or patient. Helm may share such anonymised information with Customers and others by providing insights into the general findings.
If you have any questions about your Customer Data, please contact your Account Owner. If an Account Owner has any questions about the management of Customer Data in the Services, the Account Owner may contact us at firstname.lastname@example.org.
Data Retention Policy
- During Your Subscription Term. Our platform is designed to retain, protect and preserve the integrity of Customer Data in order to assist our Customers with their regulatory and compliance obligations around patient records. As a result, we will not delete Customer Data during your subscription term, unless there is a regulatory or legal requirement to do so. If you have such a requirement, please have your Account Owner reach out to us.
- Export of Data. Customers may request to export their Customer Data at any time and should do so prior to ceasing or terminating their use of our clinic management platform. Practitioners who change practices may also arrange with their Account Owner for export of their patient data. If you have such a requirement and have difficulties doing so, please have your Account Owner reach out to us.
- After Termination. When a subscription expires or is terminated, the account is deactivated. This means the account and any Customer Data associated with the account is no longer available for use and cannot be accessed through the internet. The account and its Customer Data will be retained for a period of no longer than 90 days in the event the Customer wishes to re-activate the account, after which all backups will strictly removed.
If you have any questions about your Customer Data, please contact your Account Owner. Please note that, in order to maintain strict security of Customer Data, we cannot take instructions from any other individual other than the Account Owner.
- Safeguards. Helm will maintain industry-standard administrative, physical and technical safeguards to prevent the unauthorised access, use or disclosure of Customer Data processed through or stored in the Services. These safeguards include, but are not limited to, security policies and training for our personnel, access controls, minimum security certifications and practices for our data centers, PCI-compliant payment processors and encryption.
- Security Breach. Helm will notify affected Customer(s) if Helm determines that the security of the Services has been breached and this results in Customer Data being accessed by or disclosed to an individual or entity who is not authorised to access or receive such information. Helm will report to the affected Customer(s) on the corrective action being taken in response to such security breach and will reasonably cooperate with such Customer(s) in mitigating the effects of any lost or compromised Customer Data.
- Your Responsibility. Customers and their users will notify Helm immediately if they become aware of any unauthorised use of their account(s), of any user ID and password, or any other known or suspected breach of security.
- Ownership of the Services. Helm owns, or has obtained the rights to use, all intellectual property rights in the Services. This includes the underlying software and technology that operates the Services; all materials and content posted or made available on our website or through the Services.
- License to You. Helm grants each Customer, and each individual using the Services, a limited license to access and use (ie., display, print) the materials within the Services solely on a device for the Customer internal business purposes or a personal computer for your own personal, non-commercial use.
- Disclaimer. We want to provide great Services. There are things about the Services that we cannot promise and we will be upfront about it. Helm cannot promise, and does not represent or warrant that:
- The Services will completely meet your specific needs or requirements;
- The Services will be completely uninterrupted, timely, 100% secure or free from errors, viruses or other defects; or
- Information provided through the Services will be completely accurate, timely, complete or reliable.
- Breach of Contract. Notwithstanding the following, Helm will not be liable for any indirect, incidental, special, punitive or consequential damages, or any loss of revenue or profits. Helm's maximum total liability for all damages arising under or related to this agreement (in contract, tort or otherwise) shall not exceed the actual amount paid by Customer within the Twelve (12) month period preceding the date of the event which gave rise to the claim.
- Limitation of Liability. For avoidance of doubt, the total liability of either of us under these terms will be limited to the amount you paid to Helm for the user of the services in the Twelve (12) month period, preceding the date of the event which gave rise to the claim, or Two Hundred Singapore Dollars (SGD 200) if you have not had any prior payment obligation to Helm.
- No Indirect or Consequential Damages.regardless of the above, neither of us will be liable, under any circumstances, for any indirect, special or consequential damages arising out of or in connection with the services, such as lost earnings or business disruptions.
Helm will provide Customers with notices, alerts and communications regarding the Services and these Terms electronically to the email address on file for your Account Owner. Account Owners may update their account information at any time by using their account settings.
Any notice you are required or wish to provide to Helm may be provided to email@example.com.
The Services are provided by Helm from its offices in Singapore. This Agreement shall be construed in accordance with the laws of Singapore without giving effect to its conflict of law principles, and the parties hereby submit to the exclusive jurisdiction of the Courts of Singapore.
If you have any questions regarding the Services or these Terms, please contact us at firstname.lastname@example.org. We will address your questions to our best efforts.