Terms of Service

Please read these Terms of Service (collectively with Safe Wait, LLC's Privacy Policy, the “Terms of Service”) fully and carefully before using www.safewait.net or www.safewait.app (the “Site”). These Terms of Service set forth the legally binding terms and conditions for your use of www.safewait.net. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES OR CONTENT.

  1. SERVICES PROVIDED: Service Provider is to provide the following services to Company: waitlist, paging, and archive features for anyone who has appointments or finds these features valuable to their business (“Program”).
  2. FEES AND OTHER CHARGES: When you select the Annual or Monthly plans, you agree to the purchase and are not entitled to a refund if canceled during the payment plan that was selected.
  3. TERMS: The Annual and Monthly plans will automatically renew. To terminate your auto-renewal, a written notice must be sent to: info@safewait.app.
  4. TERMINATION BY SAFE WAIT: Safe Wait may terminate this agreement and stop acting at any time.
  5. LIABILITY: In no event shall Safe Wait be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of use of the Program.
  6. RETURN POLICY: Because of the digital nature of our products, they cannot be returned. If there is a problem with your data, please contact us and we will attempt to resolve the problem.
  7. VIOLATIONS OF THE AGREEMENT: Safe Wait reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation.
  8. DELIVERY/SHIPPING POLICY: All products are delivered digitally.
  9. USE OF THE PROGRAM: The Program may be used only by you and your team. The Program may be used as you seem fit but cannot be published, shared, sold and/or licensed to any other party. Furthermore, the Program cannot be share with any other third parties. The Program is location specific and each locations must have their own separate account. If there are questions regarding who can access or use this Program, please send inquiries to: info@safewait.app. If you are a corporation, you must obtain a license for each location in your company. The Program cannot be used to the benefit of multiple locations.
  10. DAMAGES: Damages will be accessed as if each separate location had created a separate account.
  11. MISCELLANEOUS: The parties agree that the terms of this contract shall be interpreted under the laws and statutes of the State of New York. That any legal action by either party shall be initiated in the State of New York, county of New York. All notices shall be in writing and emailed to info@safewait.app.
  12. INDEMNIFICATION: You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
  13. LIMITATION OF LIABILITY: IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF $500.00.
  14. GOVERNING LAW AND JURISDICTION: These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Rochester, New York.
  15. MODIFICATION: We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
  16. ENTIRE AGREEMENT AND SEVERABILITY: These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  17. FORCE MAJEURE: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  18. ASSIGNMENT: These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
  19. AGENCY: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
  20. NOTICES: Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@safewait.app.
  21. NO WAIVER: Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  22. HEADINGS: The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
  23. WARRANTY DISCLAIMER
    1. We have no special relationship with or fiduciary duty to you.
    2. You release us from all liability for you having acquired or not acquired the Program through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
    3. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
  24. HIPAA: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that seeks to improve the efficiency of the healthcare industry while ensuring the security and confidentiality of patient health information. HIPAA generally applies to “covered entities” (including any healthcare provider) and "business associates" (any third party engaged by a covered entity to help carry out its healthcare activities and functions). Thus, under HIPAA, you are a covered entity and Safe Wait is your business associate.
  25. GENERAL COMPLIANCE: HIPAA privacy regulations require that you and your business associates develop and follow procedures that ensure the confidentiality and security of your patients’ protected health information (PHI) whenever it is transferred, received, handled, or shared. This requirement applies to all forms of PHI, whether on paper, in oral communications, or in electronic format. Furthermore, only the minimum health information necessary to conduct business is to be used or shared. As your business associate, Safe Wait follows detailed policies governing the protection of your patients’ PHI, including employing administrative, physical, and technical safeguards as required by HIPAA rules and regulations. You can be confident that we will protect your patient data to help you stay compliant.
  26. CLOUD-BASED SECURITY: Providers may be concerned that cloud-based platforms are more vulnerable to Internet-based attacks, but—with the proper security measures in place—cloud-based solutions carry no more threat of data breach than on-site data storage. In fact, a quality cloud-based software can be more secure because it is more closely monitored; small businesses like healthcare practices can’t typically afford to staff team members responsible for managing the security of their server. The encrypted data stored within the Safe Wait platform is constantly monitored by experts who are committed to keeping your data safe. With the peace of mind that comes with choosing Safe Wait, some of the complexity involved in staying compliant with HIPAA regulations is alleviated.
  27. TCPA: The Telephone Consumer Protection Act (TCPA) is a federal law that regulates the way consumers are contacted by telephone, fax and text message. These regulations apply to the text and automated landline messages you are able to send through the Safe Wait Platform to communicate with your patients. The TCPA requires that companies obtain consent from consumers prior to sending any sort of text or automated telephone messages, unless an exemption applies. As a HIPAA covered entity, requirements for how that consent is obtained are different depending on whether your messaging only contains health-related information or if it includes marketing-focused content. The TCPA also imposes requirements related to how you identify yourself in messaging and mechanisms for honoring “opt-out” requests from your patients. We have built our platform to support your compliance with the TCPA.
  28. CASL: Canada’s Anti-Spam Legislation (CASL) is a Canadian federal law that regulates commercial electronic messages ("CEMs"). The legislation applies to any electronic message that encourages participation in a commercial activity and may include messages to email addresses, social media accounts, and text messages to cell phones. You can visit the Government of Canada’s website to learn more about CASL. While it is your responsibility to comply with all aspects of CASL as it relates to sending messages to your patients, we have designed the Safe Wait Platform to include safeguards and features that, if used appropriately, will help you stay compliant.
  29. YOUR RESPONSIBILITY: The Safe Wait Platform is designed to give you the most functionality possible when it comes to communicating and engaging with your patients, while also helping you stay compliant with communication rules and regulations. As such, the platform allows you some flexibility in the messaging content you create, but you will be asked to confirm and verify that your message content meets certain requirements. It is also your responsibility to promptly respond to and immediately honor all patient requests to opt-out or unsubscribe from future messages.
  30. THIS IS NOT LEGAL ADVICE: Please note that, while we are dedicated to giving you tools that will help you stay compliant with HIPAA, the TCPA, CASL, and other regulations, the information we provide is not legal advice. You are responsible for ensuring the compliance of your patient messages. We encourage you to seek out competent legal counsel for specific direction and guidance.

Effective Date of Terms of Service: July 31, 2020