Terms ofService

These Terms of Service (“Terms”) form a binding legal agreement between you and VialRun, Inc. (“VialRun,” “we,” “us,” or “our”). By creating an account, downloading the VialRun Operator or VialRun Courier app, or otherwise using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree, do not access or use the Services.

• “Services” means the VialRun Operator app, the VialRun Courier app, the vialrun.com website, and all related platforms, APIs, and customer-support channels.
• “Operator” means a clinic, practice, phlebotomist, or other healthcare user who requests a specimen pickup through the VialRun Operator app.
• “Courier” means a VialRun W-2 employee who collects laboratory specimens and delivers them to receiving labs through the VialRun Courier app.
• “Lab” means a receiving laboratory that accepts a specimen and confirms delivery via a one-tap SMS link.
• “Pickup” means a specimen collection and delivery requested by an Operator and fulfilled by a Courier through the Services, including its chain-of-custody record.
• “Content” means text, graphics, photos, ratings, feedback, and other material submitted, posted, or transmitted through the Services.

To use the Services you must:

• Be at least 18 years old and, for Operators, be an authorized representative of a healthcare practice, clinic, or laboratory; for Couriers, meet VialRun’s employment-eligibility, licensing, and certification requirements;
• Have the legal capacity to enter into a binding contract;
• Not be prohibited by applicable law from receiving the Services; and
• Not have been previously suspended or removed from the Services.

You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You are responsible for safeguarding your password and for all activity under your account. You must notify us immediately at support@vialrun.com of any unauthorized use of your account.

Each individual may maintain only one active VialRun account per role (Operator or Courier). Sharing accounts is prohibited.

VialRun provides a technology platform and an employed-courier workforce that enables Operators to request specimen pickups and have them delivered to receiving Labs. Unlike a gig marketplace, VialRun couriers are W-2 employees of VialRun, not independent contractors, which lets us maintain consistent training, accountability, and chain-of-custody integrity.

VialRun coordinates and dispatches Pickups but does not guarantee that a Courier will be available at a particular time or location, or that any specific turnaround target (including STAT 2-hour windows) will be met in all circumstances.

6.1 Requesting pickups

By requesting a Pickup you authorize VialRun to dispatch a Courier to collect the specified specimen and deliver it to the receiving Lab you designate. Your pickup fee is calculated based on distance, specimen-handling requirements (such as cold-chain transport), whether the request is standard or STAT, and any applicable plan inclusions or promotional credits. The fee is displayed in the Operator app before you confirm.

6.2 Specimen labeling and handling

You are responsible for properly collecting, labeling, sealing, and packaging each specimen in accordance with applicable laboratory and biohazard requirements before handoff to the Courier, and for providing accurate specimen-type, handling, and receiving-lab information. You agree not to tender any specimen or material that is improperly contained or that you are not legally authorized to ship.

6.3 Chain of custody

Each Pickup generates an automated chain-of-custody (COC) record. By confirming handoff in the app, you attest that the specimen and accompanying information are accurate. You are responsible for promptly reviewing COC records and reporting any discrepancy to our support team.

6.4 Subscriptions

Essential ($99/mo), Professional ($199/mo), and Enterprise ($299/mo) plans are billed through Stripe on a recurring monthly basis until cancelled, following your 30-day free trial. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period.

7.1 Employment status

VialRun couriers are W-2 employees of VialRun. These Terms govern your use of the Courier app and supplement — but do not replace — your employment agreement, offer letter, and VialRun’s employee handbook and compliance policies, which control the terms of your employment.

7.2 Courier requirements

You represent and warrant that you:

• Hold a valid driver’s license issued in your state of operation;
• Maintain current bloodborne-pathogen / specimen-handling training and any certifications VialRun requires for the routes you work;
• Use the equipment provided or approved by VialRun to maintain the cold chain and specimen integrity during transport;
• Have passed all required background checks (which we administer through Checkr) and any applicable state or local requirements;
• Comply with all applicable traffic, transportation, biohazard, HIPAA, and laboratory-handling laws and VialRun’s policies.

7.3 Pickups and routing

While on shift, you accept and complete Pickups assigned through the app in accordance with VialRun’s dispatch instructions and performance standards. Repeated missed pickups, chain-of-custody errors, or compliance violations may result in corrective action under VialRun’s employment policies.

7.4 Certification and document maintenance

You must keep your driver’s license, certifications, training records, and any required permits valid at all times in your compliance vault. If any of these documents expire or are revoked, you must immediately stop accepting Pickups and upload current documents through the Courier app.

7.5 Wages

As a W-2 employee, you are paid wages through VialRun’s payroll on the regular pay schedule disclosed to you, and applicable federal, state, and local taxes are withheld. You will receive a Form W-2 for each tax year. Reimbursable expenses, if any, are handled under VialRun’s expense policy.

7.6 Chain-of-custody responsibility

You are responsible for accurately recording each chain-of-custody handoff, logging cold-chain temperatures, and completing the in-app handoff at the receiving Lab. The Lab confirms delivery through a one-tap SMS link, which finalizes the COC record for the Pickup.

Practice billing is processed by Stripe. By providing a payment method, you authorize VialRun and Stripe to charge your designated payment method for the pickup fees, plan subscriptions, taxes, and other amounts your practice incurs through the Services.

Pickup fees may be adjusted retroactively to correct billing errors or to reflect changes to a Pickup. Promotional credits and discount codes are subject to the specific terms disclosed at the time of issuance, may not be combined unless explicitly permitted, are non-transferable, and have no cash value.

Operators may cancel a Pickup request before a Courier arrives at the pickup site. A cancellation fee may apply if the cancellation occurs after the free-cancellation window disclosed in the app or after a Courier has already arrived. Higher-tier plans may include an extended free-cancellation window.

Refunds are issued at VialRun’s discretion in accordance with our refund guidelines. To request a refund, contact us at support@vialrun.com within 30 days of the Pickup.

You agree not to:

• Use the Services for any unlawful, fraudulent, or harmful purpose;
• Harass, threaten, defraud, or harm any other user, Courier, or VialRun personnel;
• Discriminate against any user based on race, color, religion, national origin, sex, sexual orientation, gender identity, disability, or any other protected characteristic;
• Post, transmit, or upload any Content that is defamatory, obscene, infringing, or otherwise unlawful;
• Reverse-engineer, decompile, scrape, or attempt to derive the source code of any portion of the Services;
• Interfere with the proper operation of the Services, introduce malware, or attempt to gain unauthorized access to any system or account;
• Tender, through the Services, any specimen or material that is improperly contained or labeled, or that you are not legally authorized to ship, or any contraband or hazardous material outside approved specimen-handling protocols;
• Misrepresent specimen contents, chain-of-custody information, or receiving-lab details;
• Manipulate ratings, pickup fees, or promotional offers, including through use of automated tools or multiple accounts.

Violation of this section may result in immediate suspension or termination of your account, and may be reported to law-enforcement authorities.

VialRun takes compliance and safety seriously. The apps include features such as real-time GPS tracking, automated chain-of-custody records, cold-chain temperature logging, courier certification tracking via the compliance vault, and a confidential compliance- and safety-incident reporting channel at compliance@vialrun.com.

VialRun operates a HIPAA-aware architecture and maintains operations consistent with applicable laboratory-courier permitting (including PIMW-permitted operations where required). Specimen-associated data is handled under our Privacy Policy and is never sold. The exact compliance obligations depend on the jurisdiction in which the Pickup occurs.

In an emergency, always call 911 first. Do not rely solely on the in-app reporting features.

The Services and all content, features, and functionality — including the VialRun name, logo, designs, software, and trade dress — are owned by VialRun or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual-property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use the VialRun Operator or VialRun Courier app on a device you own or control, solely for your authorized use of the Services. You may not copy, modify, distribute, sell, or lease any part of the Services.

You retain ownership of any Content you submit, but you grant VialRun a worldwide, royalty-free, sublicensable license to host, store, reproduce, display, and distribute that Content as necessary to operate and promote the Services.

The Services rely on third-party providers including Stripe (billing), Mapbox (maps and routing), Firebase (notifications and crash reporting), Twilio (SMS verification and one-tap lab delivery confirmations), Checkr (background checks), and Apple and Google (app distribution and biometric authentication). Your use of those services is subject to their respective terms and privacy policies. VialRun is not responsible for third-party services and disclaims all liability arising from them to the fullest extent permitted by law.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

To the fullest extent permitted by law, VialRun disclaims all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

VialRun does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, that any defects will be corrected, or that the Services will meet your requirements.

VialRun does not guarantee specimen-specific outcomes, including laboratory test results, and is not a clinical laboratory. While we work to maintain specimen integrity and the cold chain, you remain responsible for proper collection, labeling, and packaging before handoff.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VIALRUN, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages;
• Any loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses;
• Any damages arising out of or in connection with the conduct of any Operator, Lab, or other third party.

VialRun’s total liability arising out of or relating to these Terms or the Services will not exceed the greater of (a) the amount you paid to VialRun in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless VialRun, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

• Your use of the Services;
• Your breach of these Terms or any representation or warranty;
• Your violation of any law or the rights of any third party (including, for Operators, your collection, labeling, packaging, or tender of any specimen);
• Any Content you submit through the Services.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH VIALRUN AND LIMITS YOUR ABILITY TO SEEK RELIEF FROM A COURT.

17.1 Agreement to arbitrate

You and VialRun agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, for employment-related Courier disputes, its Employment/Workplace Arbitration Rules), and not by a court, except as set forth below.

17.2 Class-action waiver

You and VialRun agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

17.3 Exceptions

Either party may bring an individual action in small-claims court in your county of residence, and either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual-property rights.

17.4 Opt-out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@vialrun.com within thirty (30) days after first accepting these Terms. Your notice must include your full name, the email associated with your account, and a clear statement that you wish to opt out of arbitration.

17.5 Severability

If the class-action waiver is found to be unenforceable, then the entirety of this arbitration section will be null and void, but the rest of the Terms will remain in full force and effect.

You may stop using the Services and delete your account at any time. We may suspend or terminate your access to the Services, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or unsafe conduct, or that termination is necessary to protect VialRun, its users, or third parties.

Sections that by their nature should survive termination — including Sections 12 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), 17 (Arbitration), and 20 (Miscellaneous) — will survive any termination.

We may update these Terms from time to time. When we make material changes we will provide reasonable notice through the app or by email before the changes take effect. Your continued use of the Services after the effective date of an updated version constitutes your acceptance of the updated Terms.

• Entire agreement: these Terms, together with the Privacy Policy and any additional terms presented to you in the app (such as promotional or subscription terms), constitute the entire agreement between you and VialRun regarding the Services.
• No waiver: our failure to enforce any provision is not a waiver of our right to enforce it later.
• Severability: if any provision is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Assignment: you may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Force majeure: we are not liable for any delay or failure to perform caused by events beyond our reasonable control.
• Notices: we may give notices to you through the app or by email to the address associated with your account. Notices to VialRun must be sent to legal@vialrun.com.