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API Terms And Conditions

Last Updated on: Dec 20, 2021

TERMS OF USE

Thank you for choosing the EHRYourWayTM Clinical Web API.

In the following document the term “EHRYourWay” refers to the EHR vendor, who provided software to health care organizations (doctors/clinics, hospitals). The term “External Agents” collectively refers to a patient, and/or app developer and/or vendor of software application, and/or a health care provider and/or health care organization, who intends to access health information of self, or of a person, maintained on EHRYourWay servers. The term “You” refers to any or all of the external agents said above.

Access to EHRYourWay Clinical Web API, is governed by the following terms and aconditions. By accessing or using the EHRYourWay Clinical Web API, the external agents both individually and collectively, agree to be bound by these Terms.

1. Preamble

Pursuant to requirements set forth by the OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY (ONC) for certification of EHR, EHRYourWay has made available the “EHRYourWay Clinical Web API” via its web sites, to enable retrieval of patient information from the EHRYourWay servers.

2. Right to Use and Represent

a. Legal Age

You represent and warrant that you are at least 18 years of age, and that you possess the legal right and ability, to agree to these Terms, and to use the EHRYourWay Clinical Web API, in accordance with these Terms.

b. Third Parties

If you are using the EHRYourWay Clinical Web API, on behalf of another entity, you represent and warrant that you have permission for such use, and bear all liabilities set forth in law, for any misuse.

3. Changes to Software and Terms

a. Changes to EHRYourWay Clinical Web API

EHRYourWay may modify or update the EHRYourWay Clinical Web API from time to time. Future version(s) of the EHRYourWay Clinical Web API are may or may not be backwards compatible with previous versions.

b. Changes to EHRYourWay Clinical Web API Terms of Use

EHRYourWay may change and update these Terms from time to time, and if you are unable to comply with any amended version of the Terms, you should stop use of the EHRYourWay Clinical Web API immediately.

4. RESPONSIBILITIES AND REPRESENTATIONS

a. Compliance with all applicable Laws

You agree to comply with all applicable laws, rules and regulations relating to the use of the EHRYourWay Clinical Web API, and shall not use it in any way or manner deemed unlawful, and bear all liabilities for all damages occuring for unlawful use.

b. Registration

There is no registration for using the EHRYourWay Clinical Web API. However the patient must give consent for external access of the patient information, and receives an userid and password for accessing the information, via the EHRYourWay Clinical Web API.

c. App Developers and VendorS

You represent and warrant that your app is stable, and that there is no malware or viruses in the app, which could cause damages to EHRYourWay servers, and web sites.

d. Support

EHRYourWay provides customer support to its clients (who are health care providers)and patients of its clients, who intend to use the API directly without a software app. App developers and software vendors must rely on documentation provided on EHRYourWay websites.

e. Privacy Policy

The external agents agree to comply with publicly accessible privacy policies for healthcare, like HIPPA, set forth by the national and regional organizations.

5. Regional and HCO Regulations

The external agents agree to abide by the regional rules and regulations and the rules and regulations of the health care organizations(HCO’s).

6. EHRYourWay Clinical Web API RESTRICTIONS

The external agents shall not –

a. Sell, lease or sublicense the EHRYourWay Clinical Web API or any data derived through the EHRYourWay Clinical Web API. b. Reverse engineer or attempt to extract the source code from any API or any related software.

c. Perform an Action with the intent of introducing any viruses, defects, malware, or any items of a destructive nature, in EHRYourWay servers and websites.

d. Interfere with or disrupt the EHRYourWay Clinical Web API or the servers or websites or networks owned by EHRYourWay.

e. Exceed limits of queries by repeating content, or cause any other kind of buffer overflows, or replay requests.

f. Send any extraneous or offending material of any nature, in their transmissions.

7. EHRYourWay Clinical Web API LIMITATIONS

EHRYourWay can set and enforce limits on use of the EHRYourWay Clinical Web API, without notice or liability, at our sole discretion.

a. Specifically, EHRYourWay reserves the right to throttle apps or login’s making a large number of calls to the EHRYourWay Clinical Web API Servers.

b. Disable, restrict or remove your app’s or login’s access to the EHRYourWay Clinical Web API, or parts of it, when fair usage norms are violated.

8. OWNERSHIP

EHRYourWay retains ownership of EHRYourWay property and reserves all of its applicable rights with respect to the content of this site, the EHRYourWay EHR software and the EHRYourWay Clinical Web API. Nothing in these Terms shall convey any transfer of ownership of EHRYourWay’s property.

9. INDEMNIFICATION

The external agents agree to indemnify, defend and hold harmless EHRYourWay, its officers, directors, employees, agents, affiliates, information providers and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any claims arising from your use of the EHRYourWay Clinical Web API or the EHRYourWay web site/web servers (including but not limited to infringement of third parties intellectual property rights, misappropriation of trade secrets or other proprietary rights or negligent or wrongful conduct).

10. DISCLAIMERS

This site and the EHRYourWay Clinical Web API are provided on an “as is” and “as available” basis. The external agents expressly agree that use of this site and/or the EHRYourWay Clinical Web API is at its sole risk. To the fullest extent permitted by law, EHRYourWay and its officers, directors, employees, agents, affiliates, information providers and suppliers disclaim all warranties of any kind, whether expressively or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, or non-infringement. EHRYourWay makes no representations about the suitability, reliability, availability, and accuracy of the EHRYourWay Clinical Web API or other information, technology, software, products, services and related graphics provided by EHRYourWay for any purpose.

11. LIMITATION OF LIABILITY

To the fullest extent permitted by law, under no circumstances, shall EHRYourWay, its officers, directors, employees, agents, affiliates, information providers and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the EHRYourWay Clinical Web API, with the delay or inability to use the EHRYourWay Clinical Web API or related technology, software or services, the provision of or failure to provide the EHRYourWay Clinical Web API, software or services, or for any information, software, products, services and related graphics obtained from EHRYourWay, or otherwise arising out of the use of the EHRYourWay Clinical Web API, whether based on contract, tort, negligence, strict liability or otherwise, even if EHRYourWay has been advised of the possibility of damages. If you are dissatisfied with any portion of the EHRYourWay Clinical Web API or with these terms of use, your sole and exclusive remedy is to discontinue using the EHRYourWay Clinical Web API. Notwithstanding the foregoing paragraph, the total liability of EHRYourWay,its officers, directors, employees, agents, affiliates, information providers and/or suppliers, if any, for losses or damages shall not exceed the fees paid by you exclusively for the use of the EHRYourWay Clinical Web API, setforth in the preamble, and excludes fees paid, for all other services, software and API’s provided by EHRYourWay.

12. THIRD PARTY CONTENT

The EHRYourWay Clinical Web API may contain software, materials, content, data, or information provided, posted, or offered by third parties. You agree that neither EHRYourWay nor its affiliates shall have any liability whatsoever to you for any such third party software, materials, content, data, or information.

13. TERM AND TERMINATION

Either the external agents, or EHRYourWay or the HCO may terminate right to use the EHRYourWay Clinical Web API at any time, with or without cause or notice.

14. PUBLICITY

You will not make any statement regarding your use of the EHRYourWay Clinical Web API which suggests partnership with, sponsorship by, or endorsement by EHRYourWay without EHRYourWay’s written approval.

15. APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of the state of California. Any and all claims arising out of or relating to these Terms shall be brought in a state or federal court of competent jurisdiction in the state of California. You consent to the personal and subject matter jurisdiction of the state and/or federal courts located in the state of California and waive (a) any objection to jurisdiction or venue, or (b) any defense claiming lack of jurisdiction or improper venue, in any action brought in such courts.