These Driver Terms of Use (the “Driver Terms”) govern your use of the Pulse driver application and any other part of the Platform made available to drivers (together, the “Driver App”). The Driver App is provided by Pulse Technology Solutions Inc, a Wyoming corporation (“Pulse,” “we,” or “us”), to you (“you” or the “Driver”).
By creating a driver account, tapping to accept these Driver Terms, or using the Driver App, you agree to be bound by them and by the Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Driver App.
Section 12 contains a binding arbitration clause and a class action waiver. It affects your right to a jury trial and to take part in a class or representative action. Read it carefully.
1. WHO YOU ARE DEALING WITH
1.1 Pulse Provides Software Only. Pulse provides the Driver App. Pulse does not provide transportation, does not employ drivers, does not contract with drivers to perform trips, does not own or operate vehicles, and does not pay drivers. Pulse is not a motor carrier, a broker of transportation, or a Medicaid provider.
1.2 Your Relationship Is With Your Provider. You perform trips for a transportation provider that holds an account on the Platform (your “Provider”). Your Provider, not Pulse, decides whether to engage you, on what terms, how you are paid, which trips you are assigned, and whether you continue to have access to the Driver App. Any question about your pay, your schedule, your classification as an employee or contractor, or your working conditions is between you and your Provider.
1.3 No Employment or Agency. Nothing in these Driver Terms creates an employment, agency, partnership, or joint venture relationship between you and Pulse. Pulse does not control, direct, or supervise how you perform trips.
2. YOUR ACCOUNT
2.1 Creating an Account. You may create a driver account through the Driver App, or your Provider may create one for you. Until your account is linked to a Provider, you can complete your profile and submit your credentials but cannot receive or perform trips. You may link your account to more than one Provider if each Provider approves the link.
2.2 Account Information. You must provide true, accurate, current, and complete information, including your legal name, contact details, driver’s license, and any other license, permit, or credential your Provider or your jurisdiction requires. You must keep this information current. We may verify the information you provide, including by checking it against public regulatory databases, and you authorize us to do so.
2.3 Credentials. You are responsible for holding a valid driver’s license and every endorsement, permit, and credential required to perform the trips you accept in the jurisdiction where you perform them. Your Provider is responsible for verifying your credentials before assigning you trips. The Driver App may display a credential as valid or as approaching expiry; that display is a convenience and is not a determination by Pulse that you are qualified or compliant. Submitting a credential that is false, altered, expired, or belongs to someone else is grounds for immediate termination of your account and may be reported to the authorities.
2.4 One Person, One Account. Your account is personal to you. You may not share your login with anyone, allow anyone else to perform trips under your account, or perform trips under anyone else’s account. If we terminate your account, you may not create a new one.
2.5 Security. Keep your login credentials confidential. Tell your Provider and Pulse immediately if you believe your account has been accessed without authorization.
3. NO EMERGENCY SERVICES
The Driver App is for non-emergency medical transportation and for-hire vehicle trips. It is not a way to request or dispatch emergency medical services. If a passenger has a medical emergency, call 911 or your local emergency number and follow your Provider’s emergency procedure.
4. LOCATION DATA AND DEVICE PERMISSIONS
4.1 Location Tracking. The Driver App collects your device’s location while you are logged in and on shift, including in the background, to dispatch trips, calculate arrival times, confirm pickups and drop-offs, produce trip records, and support your Provider’s operations. Location collection while you are marked as on shift is essential to the Driver App; if you disable it, the Driver App will not function and you will not receive trips.
4.2 Geofencing. The Driver App uses your location to confirm that you have arrived at, and departed from, pickup and drop-off points. These confirmations form part of the trip record your Provider relies on for billing and compliance.
4.3 Who Sees Your Location. Your location is visible to your Provider’s dispatchers and, where the trip originates from a broker or trip source, may be shared with that broker or trip source for the purpose of the trip. A passenger may see your approximate location and estimated arrival time for a trip assigned to you. Pulse does not sell your location data.
4.4 Other Permissions. The Driver App may request access to your camera to upload documents, to your phone to place masked calls to passengers and dispatchers, and to notifications to alert you to trip assignments. You may decline a permission, but some features will not work without it.
4.5 Retention. Location and trip data are retained as part of your Provider’s trip records for the period set out in our Data Retention Policy, currently six years from the date of the trip, because those records are subject to regulatory and contractual retention requirements.
5. PERFORMING TRIPS
5.1 Accurate Trip Status. You must mark trip events in the Driver App accurately and at the time they occur, including en route, arrived, passenger on board, drop-off, cancellation, and no-show. Trip records generated from your entries are used by your Provider to bill brokers, health plans, and government programs. Marking an event that did not occur, marking it at a different time or place than it occurred, or recording a trip that was not performed may constitute fraud, and Pulse will cooperate with any investigation.
5.2 Safe Use. Do not interact with the Driver App while the vehicle is moving except through hands-free functions permitted by law. Comply with all traffic and distracted-driving laws. The Driver App is designed so that essential trip actions can be completed while the vehicle is stopped.
5.3 Passenger Conduct. Treat passengers with courtesy and respect. Follow your Provider’s policies and the requirements of the trip, including any level-of-service or mobility-equipment instruction shown in the Driver App. Do not discriminate against any passenger on any basis prohibited by law.
5.4 Problem Reporting. The Driver App allows you to report a problem with a trip to your Provider’s dispatchers. Use it to report an incident, a passenger issue, a vehicle issue, or an inability to complete a trip. The report is recorded and is visible to your Provider.
5.5 Earnings Display. The Driver App may display earnings, trip pay, and daily or weekly totals. These figures are calculated from the pay rules your Provider configured and are displayed for your information. Pulse does not pay you, does not guarantee the accuracy of the displayed figures, and is not a party to any dispute between you and your Provider about pay. Raise any pay question with your Provider.
6. PASSENGER INFORMATION AND CONFIDENTIALITY
6.1 Protected Health Information. Trips shown in the Driver App may include passenger information that is protected health information under the Health Insurance Portability and Accountability Act (“HIPAA”), such as a passenger’s name, address, the medical facility they are travelling to, and mobility or medical equipment needs. Your Provider is responsible under HIPAA for how its workforce handles that information, and you are bound by your Provider’s privacy and security obligations when you use the Driver App.
6.2 Your Obligations. You shall use passenger information only to perform the trip. You shall not photograph, screenshot, copy, share, post, or discuss passenger information outside the trip, and shall not retain it after the trip other than in the Driver App. You shall not contact a passenger outside the Driver App’s masked calling feature except as your Provider directs. A breach of this Section is grounds for immediate termination of your account and may expose you to liability under law.
6.3 Provider and Pulse Information. You shall keep confidential any non-public information about your Provider’s business or about the Platform that you learn through the Driver App.
7. ACCEPTABLE USE
Your use of the Driver App is subject to our Acceptable Use Policy, which is incorporated into these Driver Terms by reference and applies to everyone who accesses the Platform. In addition to that Policy, you agree not to:
- use the Driver App for any purpose other than performing trips for your Provider;
- perform a trip you are not licensed, credentialed, or insured to perform;
- submit false or misleading trip status, location, or credential information;
- use any device, software, or technique to falsify your location or interfere with location tracking;
- share your account, use another person’s account, or allow another person to perform trips under your account;
- access any part of the Platform other than through the Driver App, or attempt to access the accounts or data of any other driver, Provider, or passenger;
- reverse engineer, decompile, or disassemble the Driver App; or
- use the Driver App while your license or any required credential is suspended, revoked, or expired.
8. INTELLECTUAL PROPERTY
Pulse and its licensors own the Driver App and the Platform, including all software, source code, routing and dispatch logic, interfaces, and designs. Subject to these Driver Terms, Pulse grants you a limited, non-exclusive, non-transferable, revocable license to use the Driver App on a mobile device you control for the purpose of performing trips for your Provider. You acquire no ownership of the Driver App, and any feedback you give us may be used by Pulse without obligation to you.
9. SUSPENSION AND TERMINATION
9.1 By Your Provider. Your Provider may revoke your access to the Driver App under its account at any time. If your Provider revokes your access, you will no longer receive trips from that Provider. Your account remains open and may be linked to another Provider that approves the link.
9.2 By Pulse. Pulse may suspend or terminate your account, with or without notice, if you breach these Driver Terms, submit false credentials or trip information, breach passenger confidentiality, interfere with location tracking, or engage in conduct that Pulse reasonably considers fraudulent, abusive, unsafe, or unlawful. Pulse may report such conduct to your Provider and to the appropriate authorities.
9.3 By You. You may close your account at any time through the Driver App or by emailing support@dispatch.software. Closing your account does not affect your Provider’s trip records, which are retained as described in Section 4.5.
9.4 Effect. On suspension or termination, your right to use the Driver App ends. Sections 1, 4.5, 6, 8, 10, 11, 12, and 13, and any provision that by its nature should survive, continue after termination.
10. DISCLAIMER OF WARRANTIES
THE DRIVER APP IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PULSE DOES NOT WARRANT THAT THE DRIVER APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY ROUTE, ARRIVAL-TIME ESTIMATE, OR EARNINGS FIGURE IS ACCURATE, OR THAT ANY THIRD-PARTY SERVICE THE DRIVER APP RELIES ON, INCLUDING MAPPING, TELEPHONY, AND REGULATORY DATA SOURCES, WILL BE AVAILABLE OR ACCURATE. YOU ARE RESPONSIBLE FOR DRIVING SAFELY AND FOR EXERCISING YOUR OWN JUDGMENT ABOUT ROUTES AND ROAD CONDITIONS.
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PULSE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST EARNINGS, ARISING OUT OF OR IN CONNECTION WITH THE DRIVER APP, INCLUDING ANY TRIP YOU DID OR DID NOT RECEIVE, ANY DISPUTE WITH YOUR PROVIDER, OR ANY ACCIDENT OR INCIDENT DURING A TRIP. PULSE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11.2 Indemnity. You agree to indemnify and hold harmless Pulse and its officers, directors, employees, and agents from any third-party claim, and resulting loss and reasonable attorneys’ fees, arising from your performance of a trip, your operation of a vehicle, your breach of these Driver Terms, your submission of false information, or your breach of passenger confidentiality.
12. DISPUTE RESOLUTION
12.1 Disputes With Your Provider. This Section governs disputes between you and Pulse only. A dispute with your Provider about pay, classification, discipline, or working conditions is not a dispute with Pulse and is not governed by these Driver Terms.
12.2 Binding Arbitration. You and Pulse agree that any dispute between you and Pulse arising from these Driver Terms or the Driver App will be resolved by binding arbitration administered by the American Arbitration Association under its rules then in effect for the type of dispute, before a single arbitrator, conducted in English and seated in Wyoming or, at your election, in the state where you reside. Pulse will pay the arbitration filing and arbitrator fees in excess of the amount you would have paid to file a claim in court. The arbitrator’s award is final and may be entered as a judgment in any court of competent jurisdiction. YOU AND PULSE EACH WAIVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
12.3 Class Action Waiver. YOU AND PULSE EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in court and not in arbitration.
12.4 Opt-Out. You may opt out of this arbitration agreement by emailing support@dispatch.software within thirty (30) days after you first accept these Driver Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Driver Terms.
12.5 Small Claims and Equitable Relief. Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
13. GENERAL
13.1 Governing Law. These Driver Terms are governed by the laws of the State of Wyoming, without regard to its conflicts of law principles, except that Section 12 is governed by the Federal Arbitration Act. Nothing in these Driver Terms limits any right you have under the law of the state where you perform trips that cannot be waived by contract.
13.2 Changes. We may update these Driver Terms. We will notify you of material changes in the Driver App at least thirty (30) days before they take effect, and will ask you to accept them. If you do not accept, you may close your account.
13.3 Entire Agreement. These Driver Terms, the Privacy Policy, the Acceptable Use Policy, and the Data Retention Policy are the entire agreement between you and Pulse on their subject matter. They do not replace or alter any agreement between you and your Provider.
13.4 Severability. If any provision of these Driver Terms is held unenforceable, it shall be modified to the minimum extent necessary, and the remaining provisions remain in effect.
13.5 Notices. We may give you notice in the Driver App or by email or text message to the contact details on your account. You may contact Pulse at support@dispatch.software or at Pulse Technology Solutions Inc, 75 E 3rd St, Sheridan, WY 82801, U.S.A.