Sante Nou Health, LLC (or “Sante Nou”, the “Company”) provides a personalized healthcare logistics subscription
service that allows our members to access certain emergency healthcare services (“Sante Nou service”) operated
by trained emergency care personnel and delivered at certain designated health centers in Haiti (“DHC”) or, as
may be necessary to administer faster emergency care, such Sante Nou service may be delivered at point of
is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy
Statement to understand our practices.
personalized healthcare logistics subscription service provided by the Company for accessing the DHCs and
receiving all pre-hospital and hospital care features and capabilities at point of emergency, and including all
features and functionalities of the Company’s application (“Sante Nou app”), the website, and user interfaces,
as well as all content and software associated with our service.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES
WITH SANTE NOU (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1 Your Sante Nou membership will continue month-to-month and automatically renew until terminated. To use the
Sante Nou service you must be a United States resident person traveling to Haiti and provide us with one or more
Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from
time to time and which may include payment through your account with a third party. You must cancel your
membership before it renews each month in order to avoid billing of the next month's membership fees to your
Payment Method (see "Cancellation" below).
1.2 We may offer a number of membership plans, including special promotional plans or memberships offered by
third parties in conjunction with the provision of their own products and services. We are not responsible for
the products and services provided by such third parties. Some membership plans may have differing conditions
and limitations, which will be disclosed at your sign-up or in other communications made available to you. You
can find specific details regarding your Sante Nou membership by visiting our website and clicking on the
1.3 If you subscribe to the Sante Nou service prior to August 1, 2019 (“Early Adopter”), we grant you (i) a
limited, non-exclusive, non-transferable right to access the Sante Nou service, (ii) receive a two-year
membership inclusive of all fees paid at time of sign-up for the Sante Nou service and (iii) the right to
receive four (4) Haiti residents to receive the primary care feature of the Sante Nou service when you pay to
have four (4) US persons to receive the emergency care service feature of the Sante Nou service. Except for the
foregoing, no right, title or interest shall be transferred to you.
1.4 If you subscribe to the Sante Nou service after the Early Adopter period, we grant you (i) a limited,
non-exclusive, non-transferable right to access the Sante Nou service, (ii) receive a one-year membership
inclusive of all fees paid at time of sign-up for the Sante Nou service, and (iii) the right to receive one (1)
Haiti resident to receive the primary care feature of the Sante Nou service when you, as Main Subscriber, pay to
receive the emergency care service feature of the Sante Nou service. Except for the foregoing, no right, title
or interest shall be transferred to you.
2.1 Your Sante Nou membership may start with a free trial. The free trial period of your membership lasts for
one month, or as otherwise specified during sign-up and is intended to allow new and certain former members to
try the service.
2.2. Free trial eligibility is determined by Sante Nou at its sole discretion and we may limit eligibility or
duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold
in the event that we determine that you are not eligible. Members of households with an existing or recent Sante
Nou membership are not eligible. We may use information such as device ID, method of payment or an account email
address used with an existing or recent Sante Nou membership to determine eligibility. For combinations with
other offers, restrictions may apply.
2.3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and
your membership will automatically renew monthly unless you cancel your membership prior to the end of the free
trial period. To view the monthly membership price and end date of your free trial period, visit our website,
click on “Login” and go to the "Payment" link on the Sante Nou app.
Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Sante Nou service or any other charges you may incur in
connection with your use of the service, such as taxes and possible transaction fees, will be charged on a
monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion
of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some
cases your payment date may change, for example if your Payment Method has not successfully settled or if your
paid membership began on a day not contained in a given month. Go to the Sante Nou app and click on the
"Payment" link to see your next payment date. We may authorize your Payment Method in anticipation of membership
or service-related charges through various methods, including authorizing it up to approximately one month of
service as soon as you register. In some instances, your available balance or credit limit may be reduced to
reflect the authorization during your free trial period.
3.2. Payment Methods. To use the Sante Nou service you must provide one or more Payment Methods. You can update
your Payment Methods by going to the "Payment" page located inside the Sante Nou app. We may also update your
Payment Methods using information provided by the payment service providers. Following any update, you authorize
us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method
associated to your account in case your primary Payment Method is declined or no longer available to us for
payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not
successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account,
we may suspend your access to the Sante Nou service until we have successfully charged a valid Payment Method.
For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees
relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3. Cancellation. You can cancel your Sante Nou membership at any time, and you will continue to have access to
the Sante Nou service through the end of your monthly billing period. We do not provide refunds or credits for
any partial-month membership periods. To cancel, go to the Sante Nou app and click on the "Subscription" page
and follow the instructions for cancellation. If you cancel your membership, your account will automatically
close at the end of your current billing period. To see when your account will close, click "Billing details" on
the "Payment" page. If you signed up for the Sante Nou service using your account with a third party as a
Payment Method and wish to cancel your Sante Nou membership, you may need to do so through that third party, for
example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing
from the Sante Nou service through that third party. You may also find billing information about your Sante Nou
membership by visiting your account with the applicable third party.
3.4. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or
adjust pricing for our service or any components thereof in any manner and at any time as we may determine in
changes or changes to your subscription plan will take effect following notice to you.
3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods.
Following any cancellation, however, you will continue to have access to the service through the end of your
current billing period. At any time, and for any reason, we may provide a refund, discount, or other
consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision
to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not
entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the
future, under any circumstance.
Sante Nou Service
4.1. You must be a person of 18 years of age, residing in the United States using a Payment Method issuer
domiciled in the United States (“Main Subscriber”). Individuals under the age of 18, or applicable age of
majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's
4.2. The Sante Nou service, any content access through its software service, all of its logistic features and
service performed at DHCs are for your personal and non-commercial use only. You agree not to use the service
for public selling activities or performances.
4.3. The Sante Nou app is regularly updated. In addition, we continually test various aspects of our service,
including but not limited to our website, user interfaces, promotional features. You can at any time opt-out of
tests by visiting the "Profile" page and changing the "Test participation" settings.
4.4. You agree to use the Sante Nou service, including all features and functionalities associated therewith, in
accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or
reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale,
or use content and information contained on or obtained from or through the Sante Nou service. You also agree
not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Sante Nou
service; use any robot, spider, scraper or other automated means to access the Sante Nou application; decompile,
reverse engineer or disassemble any software or other products or processes accessible through the Sante Nou
service; insert any code or product or manipulate the content of the Sante Nou service in any way; or use any
data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or
otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment associated with the Sante Nou service, including
any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our
4.5. Sante Nou software may solely be used for authorized streaming and viewing of content from Sante Nou
through Sante Nou ready devices. This software may vary by device and medium, and functionalities may also
differ between devices. By using our service, you agree to receive, without further notice or prompting, updated
versions of the Sante Nou and related third-party software. If you do not accept the foregoing terms, do not use
4.6. By using our service, you agree to look solely to the entity that manufactured and/or sold the smartphone
device for any issues related to the device and its compatibility to connect with the Sante Nou service or
service infrastructure, including the designated health centers and Sante Nou call center.
Passwords and Account Access. The member who created the Sante Nou account and whose Payment Method is charged
(the "Account Owner") has access and control over the Sante Nou account and the smartphone devices that are used
to access our service and is responsible for any activity that occurs through the Sante Nou account. To maintain
control over the account and prevent anyone from accessing the account (which could include information on
viewing payment history and other personal data for the account), the Account Owner should maintain control over
the smartphone devices that are used to access the service and not reveal the password or details of the Payment
Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the
information you provide to us relating to your account. We can terminate your account or place your account on
hold in order to protect you, Sante Nou or our partners from identity theft or other fraudulent activity. Sante
Nou is not obligated to credit or discount a membership for holds placed on the account by either a
representative of Sante Nou or by the automated processes of Sante Nou.
Disclaimers of Warranties and Limitations on Liability
5.1. THE SANTE NOU SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR
FUNCTIONALITIES ASSOCIATED WITH THE SANTE NOU SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND. SANTE NOU DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SANTE
NOU SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SANTE NOU SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF
APPLICATIONS, SANTE NOU DESIGNATED HEALTH CENTERS, AND SANTE NOU SOFTWARE (INCLUDING THEIR CONTINUING
COMPATIBILITY WITH OUR SERVICE).
5.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SANTE NOU, OR ITS SUBSIDIARIES OR ANY OF
THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR
PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
5.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN
THIS SECTION MAY NOT APPLY TO YOU.
6.1. If you are a Sante Nou member in the United States (including its possessions and territories), you and
Sante Nou agree that any dispute, claim or controversy arising out of or relating in any way to the Sante Nou
small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator
instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited
review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this
Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by
this provision, and that you and Sante Nou are each waiving the right to a trial by jury or to participate in a
class action. This arbitration provision shall survive termination of this Agreement and the termination of your
Sante Nou membership.
6.2. If you elect to seek arbitration or file a small claim court action, you must first send to Sante Nou, by
certified mail, a written Notice of your claim ("Notice"). The Notice to Sante Nou must be addressed to: General
Counsel, Sante Nou Health, LLC., 12000 Biscayne Blvd, Miami, FL 33181 ("Notice Address"). If Sante Nou initiates
arbitration, it will send a written Notice to the email address used for your membership account. A Notice,
whether sent by you or by Sante Nou, must (a) describe the nature and basis of the claim or dispute; and (b) set
forth the specific relief sought ("Demand"). If Sante Nou and you do not reach an agreement to resolve the claim
within 30 days after the Notice is received, you or Sante Nou may commence an arbitration proceeding or file a
claim in small claims court.
6.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are
required to pay a filing fee, after Sante Nou receives notice at the Notice Address that you have commenced
arbitration, Sante Nou will reimburse you for your payment of the filing fee, unless your claim is for greater
than US$10,000, in which event you will be responsible for filing fees.
6.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American
Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA
Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the
Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to
decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Sante
Nou and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your
residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review
expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a
party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court
of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
6.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an
in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will
be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator
shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is
based. If the arbitrator issues you an award that is greater than the value of Sante Nou's last written
settlement offer made before an arbitrator was selected (or if Sante Nou did not make a settlement offer before
an arbitrator was selected), then Sante Nou will pay you the amount of the award or US$5,000, whichever is
greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees
will be governed by the AAA Rules.
6.6. YOU AND SANTE NOU 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 OR REPRESENTATIVE PROCEEDING. Further,
unless both you and Sante Nou agree otherwise, the arbitrator may not consolidate more than one person's claims
with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this
specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null
state of Delaware, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer
protection rights that you may be entitled to under the mandatory laws of your state of residence.
7.2. Unsolicited Materials. Sante Nou does not accept unsolicited materials or ideas for Sante Nou content, and
is not responsible for the similarity of any of its content or programming in any media to materials or ideas
transmitted to Sante Nou. Should you send any unsolicited materials or ideas, you do so with the understanding
that no additional consideration of any sort will be provided to you, and you are waiving any claim against
Sante Nou and its affiliates regarding the use of such materials and ideas, even if material or an idea is used
that is substantially similar to the material or idea you sent.
7.3. Feedback. Sante Nou is free to use any comments, information, ideas, concepts, reviews, or techniques or
any other material contained in any communication you may send to us ("Feedback"), including responses to
questionnaires or through postings to or through the course of receiving the Sante Nou service, including the
Sante Nou website, user interfaces, designated health centers, worldwide and in perpetuity without further
compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products and creating, modifying or improving the Sante Nou service. In
addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by
applicable law. You further agree to apply all “Good Samaritan” laws to immune Sante Nou from any liability, to
the extent permitted by applicable law.
7.4. Customer Support. To find more information about our service and its features, or if you need assistance
with your account, please visit the Sante Nou website or call 833-SANTE NOU. In certain instances, Customer
Service may best be able to assist you by using a remote access support tool through which we have full access
to your computer. If you do not want us to have this access, you should not consent to support through the
remote access tool, and we will assist you through other means. In the event of any conflict between these Terms
of Use and information provided by Customer Service or other portions of our website, these
unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force
revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless
otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated
company or to any entity that succeeds to all or substantially all of our business or assets related to the
applicable Sante Nou service.
8.3. Communication Preferences. We will send you information relating to your account (e.g. payment
authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic
form only, for example via emails to your email address provided during registration. You agree that any
notices, agreements, disclosures or other communications that we send to you electronically will satisfy any
legal communication requirements, including that such communications be in writing.
Last updated: 4 March 2019