Terms of service.

1. Provision of Services

  1. 1.1 Services. Subject to the terms and conditions herein, SR will provide certain services to enable our Customers to arrange for and schedule patient transportation with certain non-emergency third-party providers (“Third-Party Provider”) under agreement with SafeRide Health (“SR”) (collectively, the “Services,” and including without limitation all features, contents and applications, such as the SafeRide Health mobile application, to facilitate the provision of the Services).

    1. Patients. Customer hereby represents and warrants that for each person for whom any protected health information may be accessed as a result of the provision of Services, that Customer has obtained all required consents and releases to enable SR to provide the Services.

    2. License. For the time period that Customer is granted access to, and uses the computer system used by SR to provide the Services (the “SafeRideManager® System”), SR hereby grants Customer a non-exclusive, nontransferable license for Customer for access and use of the SafeRideManager® System solely in connection with the provision of the Services.

    3. Choice of Transportation. Customer may choose at their discretion Lyft, NEMT Transportation or other non-emergency Third-Party Providers made available through the SafeRideManager® System:

      NEMT Transportation. In the event Customer chooses to use NEMT Transportation (“NEMT”), Customer acknowledges the following:

      • NEMT is "door-to-door transportation," which means providing through prearranged appointment safe escort from departure point, into and out of a transport vehicle and to the door of the destination.

      • NEMT drivers are required to possess all medical certifications or specialty training required by the State in which services are provided.

      • NEMT providers are required to maintain all additional insurance coverage required for NEMT by the State in which services are provided.

      • Customer accepts NEMT’s Terms of Service.

      • By offering the NEMT Option, SR is not endorsing NEMT or implying affiliation with NEMT other than as independent contractor whereby SR is offering the NEMT option to Customer as an alternative means of transport.

      Lyft. In the event Customer chooses Lyft, Customer acknowledges the following:

      • Lyft is "curb-to-curb transportation,” which means providing, through prearranged appointment, safe escort from departure point, into and out of a transport vehicle and to the curb of the destination. It is not a "door-to-door" transportation service.

      • Lyft drivers are not required to have medical certifications or specialty training required by the state in which services are provided for NEMT such as CPR/BLS and the like. As such, Customer should not select the Lyft Option if there is any need for assistance during the transport, and further affirms that Customer shall be solely responsible for selection of the most appropriate mode of transportation.

      • Lyft drivers are not required to maintain additional insurance coverage required for NEMT by the State in which services are provided.

      • Customer accepts Lyft’s Terms of Service (at https://www.lyft.com/terms)

      • By offering the Lyft Option, SR is not endorsing Lyft or implying affiliation with Lyft other than as independent contractors whereby SR is offering the Lyft Option to Customer as an alternative means of transport.

    The list of Third-Party Providers available through the SafeRideManager® System may change from time-to-time at SR’s sole discretion. The applicable conditions for these other Third-Party Providers will be made available if and when they are listed with the SafeRideManager® System.

2. Use of the Services

  1. 2.1 Registration and Account Creation. By registering and creating an account with “SafeRideManager® System” and by accessing the Services, the Customer agrees to SR’s complete Terms of Service. Unless a Customer has negotiated a separate contract with us, these Terms of Service will apply to the Customer’s use of the Services. Customers may use the Services so long as they do not violate the Terms of Service. Please also review our Privacy Policy, which describes what information we collect (including prescription and other medical information about patients) how we use it and to whom we may disclose it. If you do not agree with the Terms of Service and/or Privacy Policy, you cannot use the Services.

  2. 2.2 Customer Information. To register with us and create an account, Customers will need to give us some identifying information about themselves, including certain information to enable billing and payments. The information Customers provide must be true and kept up to date. Also, Customers are responsible for anything that happens under their registration and account.

  3. 2.3 Termination. Customers can stop using the Services at any time by contacting us at team@SafeRideHealth.com. We are also free to terminate (or suspend access) to the Services for a Customer any reason in our discretion, including for a breach of the Terms of Service.

  4. 2.4 Disputes. Any dispute with respect to the Services is to be resolved through binding arbitration in the State of California. Customers hereby waive your right to participate in a class action lawsuit or class-wide arbitration. California is the governing law, and without reference to its conflicts of law provisions.

3. Ownership and Additional Licenses

  1. SR retains all proprietary rights in and to the Services and SafeRideManager® System. All software, source and object code, specifications, designs, processes, techniques, concepts, improvements, discoveries, and inventions (whether patentable or not) made or developed in connection with the Services shall be the sole and exclusive property of SR.

4. Fees and Payment

  1. 4.1 Fees. The Fees to be charged by SR for the Services are determined as follows:

    • NEMT: NEMT’s rates are established pursuant to a local market Rate Card, which is available upon request.

    • Lyft: Lyft charges its Concierge Fare rates plus a $3.25 surcharge per ride, Lyft’s cancellation charge plus $3.25 surcharge for cancellations. The Concierge Fare is determined soley by Lyft - based on local fee schedule and may include surge pricing.

    • The applicable rates of other Third-Party Providers will be made available if and when additional Third-Party Providers are listed with the SafeRideManager® System.

  2. 4.2 Payment Terms. All amounts due to SR for Services shall be paid in U.S. dollars. Customer is responsible for paying any sales, use, excise, property or any other taxes, duties or governmental fees associated with the use of Services or of Customer’s access and/or use of SafeRideManager® System. All payments are due to SR within ten (10) days after receipt of an invoice (“Due Date”). A late fee of $50 and interest at the rate of the lesser of 1.5% per month or the maximum amount allowed by law, for payments made by Customer after the Due Date.

  3. 4.3 Payment Processing. We use a third-party Payment Processor for billing and payments. Customers will be asked to select a preferred payment method (such as a credit card or bank account), but all payments must be facilitated through this Payment Processor.

5. Laws Governing Health Information.

  1. Customer is subject to laws governing confidentiality of health information, and is a covered entity under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") which creates specific obligations upon the Customer with respect to such information. As this Agreement provides for services which may result in access to protected patient and/or health information, Customer acknowledges and agrees that this Agreement may be terminated and/or modified by SR, at any time if regulations are adopted, enacted or promulgated which require, in SR’s sole discretion, termination or modification of the Services SR provides, or the SafeRideManager® System.

6. Disclaimer of Warranties.

  1. 6.1 No Warranties. Unless stated otherwise in the Terms of Service, the Services and SafeRideManager® System are offered “AS IS,” without any warranties, either express or implied. SR makes no warranties regarding the quality, reliability, timeliness or security of the Services or the SafeRideManager® System or that the Services, the Software Applications or the SafeRideManager® System will be uninterrupted or error free. SR assumes no responsibility or liability for the deletion or failure to store, or to store properly, any electronic data other than as required under law. Customer and users assume the entire risk in downloading or otherwise accessing its data, files or other materials obtained from third parties as part of the Services or by means of the SafeRideManager® System.

7. Limitation of Liability; Indemnification.

  1. 7.1 Generally speaking, SR is not going to owe Customers for any losses that they might suffer indirectly, such as lost business, as a result of their access and use of the Services and SafeRideManager® System, including any computer problems.  Any direct damages we might owe Customers are capped at the amount Customers paid us in the preceding three months or $100, whichever is greater. In the event of any loss or injury to any person or property, Customers agree to look exclusively to their insurer to recover any damages.

  2. 7.2 If SR is sued because of something a Customer has done when accessing and using the Services and/or the SafeRideManager® System, Customers agree to defend that lawsuit and reimburse SR for any money we have to spend to defend ourselves.