Helium Credit Terms of Use

TERMS OF USE FOR HELIUMCREDIT

Welcome to HeliumCredit’s 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 (dba “Helium Health”) is a healthcare technology company transitioning Africa’s health care to a data-driven system, through the provision of software products and services. Our HeliumCredit product (“the Product”) which is offered through the Website (https://heliumhealth.com/helium-credit/) or App (“Our Platform” or the or this “Platform”) offers quick easily accessible loans to healthcare facilities (the “Facilities“).

By using the Platform, opening an account, using the Product or applying for a loan through the Platform (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 HeliumCredit’s obligations to You. They also highlight certain risks on using the Services and You must consider such risks carefully as you will be bound by the provision of these Terms of Use through Your use of the Platform, the Website or any of our 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, even though it is electronic and not physically signed by You, and 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 HeliumCredit and the Facilities.

2. YOUR PERSONAL INFORMATION AND PRIVACY

To register an account with HeliumCredit, You must provide certain information about yourself. You may voluntarily submit and authorise HeliumCredit, its employees, agents and others operating on its behalf to use and/or disclose information about You, including, without limitation, certain information that personally identifies You, as further described in the HeliumCredit’s privacy notice.

By using Our Platform, You understand that We may collect, use, share and process Your data (including, but not limited to, Your personal data, anonymized data, pseudonymised data, and any other variations or forms of Your data collectively referred to as “Data”) for any or all the purposes outlined below in these Terms of Use and Our privacy notice and any other purposes:

Purpose of Processing	Lawful Bases
– To contract with You and provide personalised support and information to You. – To fulfil a specific request and provide customer support, such as responding to inquiries and handling complaints. – To enforce our terms of service and any terms and conditions of any other agreements for our Services. – To send You service-related messages.	Contract
– To enable or enhance the functionalities of Our systems. – To analyse and improve the safety and security of Our Services and Website. – To improve the accuracy of Our records so that We can better understand Your needs and preferences. – To help Us develop, improve, customise, or restructure Our Services. – To inform You whenever there are changes to Our terms of business or Services. – To take statistical data and analytics for Our internal use. – To analyse site usage and provide, maintain, and improve the content and functionality of the site. – To test and apply new Product or system versions, patches and updates. – Collecting, analysing, sharing and additionally processing of your Data for statistical purposes, market insights, and internal or external reporting. – Enhancing Our Products or Services. – Supporting Our business objectives, (such as potential collaborations, partnerships, or other opportunities) including, but not limited to, collecting, analysing, sharing, and any additional processing of Your Data for the following activities: i) generating marketing and data-driven insights; ii) marketing enhancement of HeliumCredit and Helium Health’s Products or Services; iii) purposes related to HeliumCredit and Helium Health’s legitimate interests;statistical purposes, market research and analytics; iv) supporting HeliumCredit and Helium Health’s business interests, legitimate interests, and other interests.	Legitimate Interest
– Supporting Our business objectives, (such as potential collaborations, partnerships, or other opportunities) including, but not limited to, collecting, analysing, sharing, and additional processing of Your Data for the following activities: i) medical research, clinical research, and other forms of research or initiatives; ii) the overall advancement of healthcare in Africa and the rest of the world; iii) clinical trials and studies aimed at improving healthcare outcomes and advancing medical knowledge, amongst other objectives.	Public Health
– To contact You about Our Products and Services that We believe may interest You. – To install non-strictly necessary cookies on Your device. – To send marketing or promotional messages to You.	Consent
– To prevent and detect any misuse of the Website or Services or any fraudulent activities carried out through the Website or in the use of Our Services. – To enhance security to protect Your Data, monitor and verify identity or access, and combat spam or other malware or security risks.	Legitimate interest, legal obligation
– To meet valid requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms. – To interact with regulatory authorities or other public authorities concerning You.	Legal obligation

For more information on how we collect, manage, and protect Your Data, please refer to our privacy notice.

3. REGISTRATION

To use Our Platform and access our Services, you must create an account (“Account”) by completing the registration process. To register, You will provide Us with certain information that personally identifies Your organisation or entity (or its officers, representatives, and any other relevant third-parties e.g. guarantors) such as your email, first name, last name, business name, phone number, amongst others.

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.

4. 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 HeliumCredit immediately of any unauthorised use or security breach.

5. CHANGE OF INFORMATION

In the event that You change any information provided to Us at the point of registering Your Account, including 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.

6. REPRESENTATIONS AND WARRANTIES

6.1 You represent and warrant to HeliumCredit 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.

7. 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, HeliumCredit will not be liable to You for losses or damages.

You will also take all reasonable steps to protect the security of the personal electronic device through which You access HeliumCredit’s Services (including, without limitation, using PIN and/or password-protected personally configured device functionality to access HeliumCredit’s Services and not sharing Your device with other people).

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

8. 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 Thir- 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.

9. LENDING TERMS

9.1 Your Obligations:

You agree to be bound by the Loan Agreement executed between You and HeliumCredit. You agree to pay HeliumCredit the loan sum , including any convenience, default or penalty fees, flat interest rate, and other amounts due to HeliumCredit (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.

HeliumCredit 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 HeliumCredit, an electronic debit from the card/account You provided on the due date, or through an acceptable electronic channel. HeliumCredit 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 Platform; thus, card details shall be processed through a secure payment gateway that is PCI DSS compliant.

You agree to give HeliumCredit authentic and up-to-date personal, social media, phone and financial records about You that We may request and analyse from time to time.

You agree to pay all collection costs if HeliumCredit 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 HeliumCredit 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 HeliumCredit for any act of illegality or criminality, and HeliumCredit shall not be legally or criminally culpable for any illegality committed by You.

9.2 Our Rights and Obligations:

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 identity, personal information, credit worthiness, and any other conditions we deem necessary.

To demand repayment from You as at 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 Loan Agreement, as at when due. If You do not fulfill all Your obligations as agreed, and such obligation becomes delinquent, HeliumCredit 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 10.2, You covenant and warrant that HeliumCredit shall have the power to set off Your indebtedness under these Terms of Use and the Loan 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.

9.3 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 Agency.

You also agree that Your details (excluding the card details) and the Loan application decision may be registered with the Credit Bureau.

10. UNACCEPTABLE USE

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

use this Platform in a way that causes or could cause damage or restrict the availability or accessibility of the Platform;

store, copy, transmit, publish or distribute any computer virus, spyware, Trojan horse, worm, keystroke logger or other malicious software via this Platform;

conduct any fraudulent or illegal activities via the Platform;

10.2 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.

11. COMPLIANCE AND RISK CONTROL

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

11.2 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 Platform;

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.

11.3 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 Platform.

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

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

12. INTELLECTUAL PROPERTY

12.1 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 HeliumCredit 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 Loan Agreement, t 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.

12.2 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 Loan 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.

13. DISCLAIMER

We try to keep HeliumCredit 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, HeliumCredit 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 HeliumCredit, 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, “HeliumCredit Parties“) shall create any warranty.

14. LIMITATION OF LIABILITY

UNLESS APPLICABLE LAW REQUIRES OTHERWISE, YOUR EXCLUSIVE AND MAXIMUM REMEDY AGAINST HELIUMCREDIT OR ITS 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 HELIUMCREDIT OR ITS 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 HELIUMCREDIT PLATFORMS, SERVICES, OR CONTENT. THESE LIMITATIONS APPLY WHETHER YOUR CLAIM ARISES DUE TO HELIUMCREDIT’S (OR ITS AFFILIATES’) NEGLIGENCE, OTHER FAULT, ERROR, OMISSION, OR NON-PERFORMANCE.

NEITHER HELIUMCREDIT NOR ITS 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 PLATFORMS, NOR FOR ANY OUTCOMES ARISING FROM THE USE OF THE PLATFORMS’ SERVICES IN THE DELIVERY OF MEDICAL CARE OR FOR ANY OTHER PURPOSES.

HELIUMCREDIT 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 PLATFORM, 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.

15. INDEMNITY

15.1 You agree to defend, indemnify, and hold HeliumCredit, 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 Loan 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;

15.2 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 or the Loan Agreement.

16. 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 HeliumCredit 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 HeliumCredit Party’s liability shall be the minimum permitted under such applicable law.

17. FORCE MAJEURE

Under no circumstances shall HeliumCredit 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, HeliumCredit 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

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

18. GOVERNING LAW

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

19. 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 HeliumCredit under the Loan 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 HeliumCredit under the Loan 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, HeliumCredit 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.

20. TERMINATION

20.1 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 Product being offered or discontinue operating the Platform.

We are directed by a financial institution; or

where a suspicious or fraudulent transaction occurs.

20.2 We reserve the right to enforce the obligations contained herein, even when You have uninstalled the Platform or after the termination of these Terms of Use until all Your obligations are fulfilled.

20.3 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).

21. 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.

22. CONFIDENTIALITY

You undertake that all communication, content, intellectual property, or other information, and materials on the Platform, 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 Platform shall be treated as confidential and shall not be divulged or permitted to be divulged to third parties, without Our prior written consent.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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 Platform, Your use of the Services, and the servicing of Your loan, if funded, is legally binding.

29. 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 Platform is conclusive evidence of its contents.

30. UPDATES, MODIFICATIONS AND AMENDMENTS OF TERMS

HeliumCredit may modify these Terms of Use from time to time and such modification shall be effective upon posting on the Platform. 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 Platform 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 Platform 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 Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Platform 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 Platform 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 Platform and/or Services immediately. If You keep using Our Services after any modification, You will be deemed to have accepted the modification.

31. FEEDBACK AND COMPLAINTS

You agree to use commercially reasonable efforts to give HeliumCredit feedback about the Services. You also agree that HeliumCredit owns all comments, suggestions, and other feedback (collectively, “Feedback“) about services You give to HeliumCredit. You shall and hereby irrevocably transfer and assign to HeliumCredit all rights, titles, and interests it may have in such feedback, which HeliumCredit 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: March 2025