Terms of Service

Terms of Service

• Introduction

  NurseIO, Inc., a Nevada corporation (“NurseIO,” “we,” “us,” or “our”), operates a digital platform facilitating connections between healthcare professionals and healthcare facilities. These Terms of Service (referred to as the “Terms” or “Agreement”) govern the use of our website currently located at https://nurseio.com/ (“Website”), its affiliated mobile applications (“Mobile Apps”), the services available via our Website and Mobile Apps (“Services”), and all associated content, including designs, graphics, text, illustrations, icons, multimedia, and other material, collectively referred to as “Content” (the Website, Services, and Content collectively referred to as the “Platform”).

  Agreement to Terms

  We explicitly request careful consideration of this Agreement as it forms a legal contract with NurseIO. By accessing or using the Platform, you confirm your consent to be bound by this Agreement. If you do not agree with these Terms, you must not access or use the Platform. This Agreement supersedes all prior agreements or arrangements pertaining to the use of the Platform, but does not amend or modify the terms of separate agreements between you and NurseIO related to the use of the Platform. Such agreements may include, but are not limited to, the Health Care Professional Agreement or Health Care Facilities Agreement.

  Eligibility

  The Platform is exclusively available to users aged 18 or older, residing in the United States or any of its territories or possessions. By using this Platform, you affirm that you meet the eligibility requirements and possess the legal capacity to enter into a binding contract with NurseIO. Failure to fulfill these requirements prohibits access to or use of the Platform.

  Recitals

  As a self-employed individual or independent contractor offering healthcare services, you have the autonomy to decide the facilities you serve, the duration of your service provision, your contracting preferences, and your billing rate. You acknowledge that NurseIO is a technology services provider and does not directly provide healthcare services or employ healthcare providers using its technology programs.

  This agreement outlines the terms for your access to and usage of NurseIO’s Services and technology programs, which encompass NurseIO’s online platforms accessible on our Website, the NurseIO mobile application, and other resources. By accepting or agreeing to the terms of this agreement, you are bound by its provisions. If you do not wish to be bound by this agreement, including its mandatory arbitration and class action waiver, you should refrain from accessing or using the platform or services.

  Definitions

  1. Affiliate

• An entity with direct or indirect control with another party, where control is defined as having more than fifty percent (50%) of the voting stock, ownership interest, or the majority of the voting rights.

  2. Company Data

• All data associated with the access and use of the Services, including information related to the provision of Shifts via the Services and Facility Information.

• 3. Facility

• An entity operating a healthcare facility and/or providing healthcare services to patients, authorized by NurseIO to use the Services to obtain Healthcare Services offered by the user.

• 4. Facility Information

• Details about a Facility made available in connection with its request for and use of Healthcare Services, such as the Facility’s name, address, contact information, and a description of a particular service need.

• 5. Healthcare Services

• The healthcare services provided by the user, requested, bid on, and accepted through the Services.

• 6. Services

• The access and use of the Platform and related functions, encompassing NurseIO’s on-demand lead generation and services that enable users and Facilities to seek, request, receive, bid on, and fulfill on-demand requests for licensed healthcare providers.

• 7. User

• A person utilizing or accessing the Platform or performing Shifts.

• 8. Shift

• The provision of Healthcare Services by licensed healthcare providers to a Facility, including the type, nature, date, time, duration, and location of the Healthcare Services, fulfilled through the Services.

• 9. Territory

• The city, metro area, and state in the United States where applicable Shifts are to be fulfilled, excluding the States of California and Massachusetts.

• Relationship Between the Parties

  1. Business Relationship: By using the Platform and/or Services, you enter into a direct business relationship with NurseIO. This Agreement does not establish an employment agreement or an employment relationship between NurseIO and you. No joint venture, partnership, or agency relationship exists between NurseIO and you.

  2. Agency: You acknowledge and agree that you lack the authority to act on behalf of NurseIO or its Affiliates, and you shall refrain from holding yourself out as an employee, agent, or authorized representative of NurseIO or its Affiliates. If, by operation of mandatory law or other means, you are considered an agent or representative of NurseIO, you commit to indemnify, defend (at NurseIO’s discretion), and absolve NurseIO and its Affiliates from and against any claims brought against or incurred by NurseIO or any of its Affiliates arising from such implied agency or representative relationship.

  3. Direction and Control: It is explicitly understood and agreed that you retain the autonomy to independently select the Shifts you are amenable to undertake and to establish the remuneration rate, unless stipulated otherwise in this Agreement. NurseIO is neither empowered nor deemed to exert general direction or control over your conduct in delivering Healthcare Services throughout a Shift. NurseIO lacks the authority to direct or govern your actions or the method by which you execute said actions when delivering Healthcare Services during a Shift.

  4. Use of the Platform and Services: You have the exclusive right to decide when, where, and for how long you will use the Platform and Services, unless NurseIO terminates, deactivates, or restricts this right in accordance with the Agreement. Through the Platform, you can request, bid on, accept, decline, or ignore a Facility’s request for Healthcare Services for a Shift, or cancel an accepted or approved Shift in line with the current cancellation policies.

  5. Non-Exclusive: You understand and agree that, unless it is expressly prohibited by this Agreement, applicable law, or the standards, policies, practices, and procedures of a specific facility, you are free to offer services or pursue other business or employment opportunities in addition to fulfilling shifts. You have the right to (i) use other software applications for lead generation related to providing healthcare services, in addition to using the Platform and Services, and (ii) engage in any other occupation or business besides being a healthcare service provider.

  6. Branding and Equipment: Apart from any necessary signage required by law, regulatory authority, or Facility standards, NurseIO cannot force you to display NurseIO’s or its Affiliates’ names, logos, or colors on your equipment or property; or wear a uniform or clothing with NurseIO’s or its Affiliates’ branding. You understand and agree that NurseIO will not provide you with any equipment or training needed to complete a Shift for a Facility.

  7. Control: You acknowledge and agree that when providing services to a facility during a shift, NurseIO does not have authority or control over the services you provide. This includes the quality and method of providing such services, as well as day-to-day oversight or supervision. NurseIO will not provide you with any tools or materials necessary for performing the work during the shift.

  Use of the NurseIO Platform

  1. NurseIO Account and Profile Creation

  1.1 Registration: You may access certain parts of the Services without creating a NurseIO account. However, to use specific features, such as scheduling a Shift, you must create an Account by providing your name, address, phone number, email address, password, credentials, social security number, driver’s license number, alternative names, and by completing other documents as assigned. Accurate, complete, and current registration information is required. Failure to do so may lead to immediate termination of your Account and access to the Services.

  1.2 Account Functions: Within your account, you can configure preferences, upload essential documents such as licenses, permits, approvals, credentials, or any other necessary authorizations required for carrying out Healthcare Services (“Credentials”), and provide other pertinent information. You can access shift schedules, place bids for and accept shifts, liaise with NurseIO and Facilities, submit completed shift confirmations, and manage your account. NurseIO is empowered to furnish Facilities with access to view your name, contact details, availability, Credentials, and other pertinent details essential for bidding on, requesting, accepting, or fulfilling a shift.

  1.3 Account Maintenance: You are solely responsible for ensuring the accuracy of the information uploaded to your Account and for keeping it up to date. Failure to do so may result in restrictions or termination of your Account.

  1.4 Unauthorized Use: You are accountable for all activities carried out on your Account and for safeguarding the confidentiality of your password. You are prohibited from using another person’s Account to accept or complete a Shift or allowing another individual to use your Account for this purpose. Should you become aware of any unauthorized use of your Account or other security breaches, you must promptly report these to NurseIO.

  2. Online Shift Management Program

• NurseIO utilizes a proprietary online scheduling system that allows you direct access to request Shifts advertised by Facilities. All requests, bids, approvals, confirmations, and cancellations for Shifts must be conducted through the Platform. You are solely responsible for ensuring the accuracy of your schedule within the Platform.

  3. Provision of Healthcare Services

• When you access the Platform, Facility requests for Healthcare Services during potential Shifts may be made available to you if your Account information indicates your availability and capability to perform Healthcare Services in the Territory of the Facility. If you elect to request information about or bid on a Facility’s Shift request, the Platform will allow you to access certain Facility Information, including the Facility’s name, location, and description of the required Healthcare Services. You shall not contact any Facilities or use any Facility’s data or information, including patient-related information, for any reason other than fulfilling Healthcare Services during a Shift in accordance with applicable law and the Facility’s standards, practices, policies, and procedures. You are solely responsible for determining the most effective, efficient, and safe manner to perform each instance of Healthcare Services.

  4. Your Relationship with Facilities

• Your fulfillment of a Shift for a Facility creates a direct business relationship between you and the Facility. NurseIO is not responsible or liable for the actions or inactions of a Facility or any of its Affiliates, officers, directors, managers, employees, agents, or patients in relation to you or your activities at the Facility’s location. You are solely responsible for any obligations or liabilities to Facilities or third parties that arise from your provision of Healthcare Services. You are responsible for taking reasonable and proper precautions, including maintaining adequate insurance and licensing, regarding any acts or omissions by you, a Facility, or a third party.

  Financial Terms

  1. Shift Fee Calculation and Your Payment

• Prior to accepting a Shift, you can view the hourly rate that you will be paid for completing the Shift (“HCP Rate”). If you accept a Shift, you will be paid the Shift Rate for the time it took you to complete the Shift (“HCP Fee”) subject to any fees, deductions, and/or adjustments pursuant to this Agreement. The HCP Fee is the only payment you will receive in connection with each Shift. You appoint NurseIO as your limited payment collection agent solely for the purpose of accepting the HCP Fee and applicable taxes and fees from the Facility on your behalf.

  2. Revenue Sharing Fee

• In consideration of NurseIO’s provision of the Services, you agree to allow NurseIO to collect a service fee on a per Shift basis calculated on a variable percentage of the Shift Fee. NurseIO reserves the right to change the Revenue Sharing Fee at any time and will provide notice of such changes.

• 3. Trust & Safety Fee

• As part of our commitment to providing a secure and reliable service, a Trust & Safety Fee will be included in each Shift. This fee helps us maintain and enhance the safety and security of our platform for all users. By using the Platform, you agree to the following terms regarding the Trust & Safety Fee:
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• 3.1 Fee Amount: A Trust & Safety Fee of $4.98 will be applied to each Shift you accept and work on our platform.
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• 3.2 Purpose: The Trust & Safety Fee is used to cover costs associated with maintaining and improving the security and trustworthiness of our services, including but not limited to fraud prevention, user verification, and security infrastructure.
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• 3.3 Non-Refundable: The Trust & Safety Fee is non-refundable and will be charged at the time of each Shift Payment.
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• 3.4 Disclosure: You will be informed of the Trust & Safety Fee amount upon receiving payment. By proceeding with using the Platform, you acknowledge and agree to the fee.
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• 3.5 Changes to Fee: We reserve the right to change the amount or percentage of the Trust & Safety Fee at any time. Any changes will be communicated to you in writing at least twenty-one days prior to the effective date of the change, in accordance with 15 USCS § 1693c(b) § 1693c. Terms and conditions of transfers.

• 4. Cancellation Charges

• Facilities may cancel any Shift that you have accepted and scheduled through the Platform prior to two (2) hours before the scheduled start of the Shift without incurring any financial liability. If a Facility cancels a Shift within two (2) hours of the scheduled start time or after you have arrived but before contact with patients, you will be compensated two (2) hours at the applicable rate. If the Facility cancels after contact with patients, you will be compensated four (4) hours at the applicable rate.

  5. Shift Verification Prior to Payment

• Upon completion of any Shift, you must submit a properly completed and error-free Shift record confirmation for the Facility’s approval. Any Shift not scheduled and verified through the Platform will not be paid or payable by or through NurseIO.

  6. Timely Recordation of Shifts

• You have up to fifteen (15) days following the completion of any Shift to submit Shift records for approval and payment.

  7. Methods of Payment

• NurseIO facilitates payments to you from the Facility for Healthcare Services you provide during Shifts via a third party called “Branch.”

  8. Shift Disputes

• NurseIO may issue a refund or adjust the Shift Fee if a Facility is not satisfied with your services. Instances include inadequate performance, incorrect input of hours, or non-compliance with safety or health standards.

  9. Overpayment

• If you are overpaid for any Shift, NurseIO may recover the amount of overpayment through deductions from future payments or other legal means.

  10. Receipts

• NurseIO provides a system for submitting Shift record confirmations for which receipts are then submitted to Facilities. You must notify NurseIO of any errors or inaccuracies in any receipt within five (5) business days.

  11. No Additional Amounts

• Advertising or marketing by NurseIO does not entitle you to any payments beyond those expressly set forth in this Agreement.

  12. Taxes

• You are responsible for completing all tax registration obligations and calculating and remitting all tax liabilities related to your completion of Shifts.

  Cancellation Policy

  1. Cancellation by You

• You may cancel any request for a specific Shift prior to acceptance and/or approval by the Facility. Once approved, you must communicate any cancellations directly with the Facility. Failure to perform an accepted Shift may result in account deactivation.

  2. Cancellation by Facility

• Facilities may cancel a scheduled Shift in accordance with the terms and payment obligations outlined in Section 4.3.

  3. Notification of Canceled Shift

• Shift cancellations are done solely through the Platform. You are responsible for enabling proper notification settings and ensuring your contact information is accurate and current.

• Proprietary Rights; License

  1. License Grant

• NurseIO grants you a limited non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Platform on your personal device(s) solely in connection with your use of the Services.

  2. Restrictions

• You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available your use of or access to the Platform or Services in any way. You shall not modify or create derivative works based upon the Platform or Services, improperly use the Platform or Services, reverse engineer, decompile, or disassemble the Platform, or send spam or unsolicited messages.

  3. Ownership

• The Platform and its entire contents, features, and functionality are owned by NurseIO, its Affiliates, licensors, or other providers and are protected by intellectual property laws. This Agreement does not grant you any rights in or related to the Platform or Services.

  Confidentiality

  1. Confidential Information

• You may have access to confidential information of NurseIO, its Affiliates, Facilities, or related third parties (“Confidential Information”). Confidential Information includes Company Data, Facility Information, and other non-public information designated as proprietary or confidential.

  2. Ownership of Confidential Information

• All Confidential Information remains the exclusive property of the disclosing party. You shall not use Confidential Information for any purpose except in furtherance of this Agreement and shall not disclose Confidential Information to any third party.

  3. Exclusions

• Confidential Information does not include information that is or becomes public, was possessed by you prior to the Agreement, is disclosed to you by a third party without confidentiality obligations, or is required to be disclosed by law.

  4. Protected Health Information

• You agree to comply with all applicable laws regarding the handling of protected health information (“PHI”), including HIPAA.

• Privacy

  1. Information About You and Your Visits to the Platform

• Please review our Privacy Policy for information about how NurseIO collects, uses, and discloses information through the App. We reserve the right to modify our privacy policy from time to time.

  2. Background Checks

• NurseIO uses a third-party service provider to perform background screenings. By submitting the Provider Consent to Background Check form, you consent to these checks as a condition of using the Services.

  Insurance

  1. Provider

• You agree to maintain adequate insurance, including Occupational Accident Insurance and Malpractice Insurance. NurseIO provides the option to purchase insurance through NurseIO or provide proof of your own insurance.

  2. NurseIO

• NurseIO may maintain insurance related to your provision of Shifts but is not required to provide specific insurance coverage for any loss to you. You are required to promptly notify NurseIO of any accidents or incidents that occur while performing Shifts.

  Representations and Warranties; Disclaimers

  1. By You

• You represent and warrant that you have full power and authority to enter into this Agreement, have not entered into any agreement that would prevent compliance with this Agreement, are a trained healthcare provider, and will comply with all applicable laws and requirements.

  2. Disclaimer of Warranties

• Your use of the Platform and Services is at your own risk. The Platform and Services are provided “as is” and “as available” without warranties of any kind. NurseIO does not guarantee that your use of the Platform and/or Services will be uninterrupted or error-free or that it will result in any requests for Healthcare Services or Shifts.

  3. No Service Guarantee

• NurseIO does not guarantee the availability or uptime of the Platform and/or Services. The Platform and Services may be unavailable at any time and for any reason.

  Indemnification

  1. Indemnification of NurseIO

• You shall indemnify, defend (at NurseIO’s option) and hold harmless NurseIO and its Affiliates from and against any and all claims arising out of or related to your breach of this Agreement, your use of the Platform, and your acts and omissions in connection with fulfilling Shifts.

  Limits of Liability; Release

  1. Limitation of Liability

• To the fullest extent provided by applicable law, NurseIO and its Affiliates shall not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages. In no event shall the liability of NurseIO exceed the amount of service fees actually paid to or due to NurseIO hereunder in the six (6) month period immediately preceding the event giving rise to such claim.

  2. Release

• You release NurseIO and its Affiliates from all responsibility, liability, claims, demands, and damages arising out of or related to disputes between users and the acts or omissions of third parties.

  Termination

  1. Term

• The term of this Agreement commences on the date it is first accepted by you and will continue until terminated in accordance with these terms.

  2. Termination by You

• You can terminate this Agreement by providing prior written notice to NurseIO and deactivating your Account.

  3. Termination by NurseIO

• NurseIO may terminate this Agreement at any time upon prior written notice. NurseIO may also terminate or deactivate your Account immediately without notice in the event of a violation of this Agreement.

  Miscellaneous Terms

  1. Non-Discrimination

• NurseIO does not discriminate on the basis of sex, color, race, national origin, religion, gender, gender identity, marital status, age, or sexual orientation.

  2. Modification

• We may revise and update this Agreement from time to time. Your continued use of the Platform and/or Services following the posting or emailing of the revised Agreement constitutes your acceptance of the revisions.

  3. Supplemental Terms

• NurseIO may determine that supplemental terms apply to your use of the Platform and/or Services. Supplemental Terms are in addition to and deemed a part of this Agreement.

  4. Waiver and Severability

• No waiver of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition. If any provision is held to be invalid, illegal, or unenforceable, such provision shall be limited to the minimum extent necessary.

  5. Assignment

• This Agreement is personal to you and is not assignable or transferable except with NurseIO’s prior written consent. NurseIO may assign this Agreement without consent.

  6. Entire Agreement; Interpretation

• This Agreement, including all Supplemental Terms and the Privacy Policy, constitutes the entire agreement between you and NurseIO. The recitals are a part of this Agreement.

  7. No Third Party Beneficiaries

• Except as expressly provided otherwise, there are no third party beneficiaries to this Agreement.

  8. Notices

• Notices from NurseIO to you will be delivered by email or posting on the Platform. Notices from you to NurseIO should be sent to help@nurseio.com or by mail to Nurseio, Inc., 15169 N Scottsdale Rd., Suite 205
  Scottsdale, AZ 85254

  9. State Specific Terms

• There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary contained in this Agreement.

  10. Geographic Restrictions

• NurseIO is based in Arizona and provides the Platform and Services for use by persons located in the United States, with the exception of California or Massachusetts.

  11. Force Majeure

• NurseIO’s failure to comply with this Agreement due to acts of God, war, fire, riot, terrorism, pandemic, or other reasons beyond its control shall not be deemed a breach.

  Arbitration of Disputes; Choice of Law; Venue; Forum

  1. Arbitration Agreement

• You and NurseIO agree to waive the right to seek remedies in court and to resolve disputes through non-binding mediation and, if necessary, binding arbitration under the Federal Arbitration Act. Mediation and arbitration shall be held in Arizona.

  2. Waiver of Class Actions

• You and NurseIO agree that class action procedures shall not apply and that disputes will be resolved on an individual basis.

  3. Injunctive Relief

• Either party may seek temporary or preliminary injunctive relief in court. Questions regarding the enforceability of this provision are within the exclusive jurisdiction of the arbitrator.

  Contact Information

  If you have any questions regarding this Agreement, please contact us at help@nurseio.com or by mail at the address below:

  Nurseio, Inc.
  15169 N Scottsdale Rd., Suite 205
  Scottsdale, AZ 85254

  By using the Platform and/or Services, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement.