Net Health Certified FHIR API Third-Party Application Terms of Use

Net Health Certified FHIR API Third-Party Application Terms of Use 

These Net Health Certified FHIR API Third Party Application Terms of Use (these “Terms of Use”) govern the use and access of the Net Health Certified FHIR API (“the API”) which is made available to certain third-party application providers and API Data Providers (collectively, “You”) for purposes of a standardized API for patient and population services. The Net Health Certified FHIR specifications and all related documentation and materials (collectively, the “FHIR Specifications”) may be made available to you for the sole purpose of developing and registering third-party applications with Net Health as further described herein. All uses of the FHIR Specifications are subject to these Terms of Use. Further, depending on the nature and purpose of your use and access of the FHIR Specifications, a more formal registration, review and approval process by Net Health, including, without limitation, the setup of a developer account, or a separate written agreement between You and Net Health, or between you and the API data provider (if You are a third-party application) for user-level scope, may be required by Net Health. By accessing the FHIR Specifications, you agree to be bound by these Terms of Use and represent that, to the extent you are accessing the FHIR Specifications on behalf of a covered entity as defined in The Health Insurance Portability and Accountability Act of 1996 (HIPAA), you have proper authority to act on behalf of and bind the covered entity to these Terms of Use and that by agreeing to these Terms of Use, you agree to them on behalf of the covered entity.  

Terms of Use 

1.  Adherence to Applicable Law. You and any and all applications you develop are obligated to be familiar with and to strictly adhere to any and all applicable federal, state and local laws, rules and regulations, including, without limitation, HIPAA, HITECH and the ONC Certification Criteria set forth below. To the extent Net Health believes you or your application are not operating in strict conformance with applicable law, Net Health may immediately, without notice and without liability, suspend your access to the API. You agree to notify Net Health immediately (within 24 hours) if you have reason to suspect your application is not operating in strict conformance with these Terms of Use. 

2.  Client Identifier. Net Health will issue a unique client identifier for each application you submit to the API, following the SMART standard for asymmetric (public key) client authentication. Such client identifiers are solely for your and your application’s use and you agree to keep your client identifier strictly confidential and not to disclose it to any third-party, or use it for any other purpose. Net Health reserves the right to immediately, without notice and without liability, suspend or revoke an application’s client identifier if there are, in Net Health’s sole discretion, issues or concerns with your application. 

3.  Obligations. As a developer, you are obligated to be familiar with and practice principles for reasonable healthcare application development. A well-behaved application does not put patients or users at risk of harm and does not create or increase risk of a data security breach in any system which it connects. 

4.  Restrictions. When using the API, you may not (or allow those acting on your behalf to): 

      • Sell, lease or sublicense the API or any data derived through the API; 
      • Reverse engineer or attempt to extract the source code from any API or related software, except to the extent that this restriction is expressly prohibited by terms of applicable law; 
      • Perform any action with the intent of introducing to the API any viruses, defects, malware, or any items of destructive nature; 
      • Interfere with or disrupt the API or servers or networks providing API.

5.  Limitations. Net Health sets and enforces limits on your use of the API, in our sole discretion, without notice or liability. Net Health reserves the right to:  

      • Rate limit or block applications that make a large number of calls to the API;
      • Disable, restrict or remove access to the API; 
      • Change, suspend, or discontinue the availability of the API at any time; and 
      • Impose limits on certain features or restrict your access to parts or all of the API. 

6.  Fees. Net Health will charge the API Data Provider a set-up fee of $350 for configuration of the patient, clinician or standalone launch client credentials for the API. For bulk data access requests, Health will charge API Data Providers a set-up fee of $700, plus $0.002 per data transformation in the data set. If an interface between the API and another application is required, Net Health will charge a monthly interface fee of $200. This cost is based on the number of man hours involved in configuring and deploying the FHIR integration for this use case as well as the incremental costs incurred preparing bulk datasets. Net Health does not charge API users for the use of certified API technology. 

7.  Security of Your Application. Net Health may, at its discretion, elect to audit or review your application to confirm technical security and compliance with these Terms of Use. This review may include, but not be limited to, your completion of a Net Health security questionnaire for each application you submit to the Net Health Third-Party Application Registration. Your application must not pose a risk or otherwise increase the risk of a security breach in any system to which it connects. Your application must be properly tested and must be stable and predictable such that it does not impact clinical operations or patient safety. Under no circumstances will you be provided use of or access to Net Health’s software applications to develop or test your application. 

8.  Privacy of User Data. Net Health exclusively supports OAuth 2.0 as the mechanism for authenticating access to patient data, and your application must not circumvent the display of any authentication or consent mechanisms from Net Health. You agree to provide upon request and to follow a HIPAA compliant privacy policy for your application that clearly, accurately, and truthfully describes to your users what data your application collects, and how you use and share this data. You agree that your application will not access, use, or disclose protected health information (PHI) or other confidential information in violation of any law, rule or regulation or in any manner other than that which the owner of the information has given its informed consent. You may not share the data collected by your application with any third-party without the explicit consent of the patient or applicable owner of the information. You further acknowledge and agree that you are not a supplier or downstream business associate (as defined under HIPAA) of Net Health. 

9.  Intellectual Property Rights. You acknowledge and agree that the API, FHIR Specifications, Net Health’s software, products and services are proprietary in nature, that Net Health claims all intellectual property rights therein as well as in all modifications, enhancements and alterations thereto. You further acknowledge that Net Health neither grants nor otherwise transfers any rights of ownership therein to you or any third party. No rights or licenses are granted by Net Health other than those rights expressly granted in these Terms of Use and Net Health reserves all rights not expressly granted. 

10.  Waiver and Release. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST NET HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE API AND FHIR SPECIFICATIONS.

NET HEALTH MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE API, FHIR SPECIFICATIONS OR OTHER RELATED INFORMATION, TECHNOLOGY, OR MATERIALS. THE API, FHIR SPECIFICATIONS AND ALL SUCH TECHNOLOGY, INFORMATION, AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NET HEALTH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE API, FHIR SPECIFICATIONS AND RELATED TECHNOLOGY, INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

11.  Indemnification. TO THE FULLEST EXTENT OF THE LAW, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND NET HEALTH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, OWNERS, MEMBERS, CONTRACTORS, AGENTS, AND OTHER PERSONNEL OF ANY OF THEM FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, DAMAGES, EXPENSES, FINES, COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), ARISING OUT OF OR RELATING TO, DIRECTLY OR INDIRECTLY, YOU, ANY OF YOUR APPLICATIONS, OR ANY USE OF ANY OF YOUR APPLICATIONS. 

12.  Changes Net Health may, in its sole and absolute discretion, make changes, modifications or updates to the API and/or these Terms of Use without notice to you. 

13.  Term and Termination. Either you or Net Health may terminate your right to use the API at any time, with or without cause, upon notice. Net Health also reserves the right to disable or suspend your application at any time, with or without cause. The provisions concerning Indemnification, Waiver, Release, Limitation of Liability, and Miscellaneous shall survive any termination of these Developer Terms of Use. 

14.  Miscellaneous. These Terms of Use and your use of the API and FHIR Specifications shall be governed by the laws of the Commonwealth of Pennsylvania, without reference to its conflicts of law principles. Jurisdiction and venue for any dispute (including arbitration) arising out of these Terms of Use will exclusively rest within the State and Federal Courts of Allegheny County, Pennsylvania, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens related thereto. Section headings of these Terms of Use have been added solely for convenience of reference and shall have no effect upon construction or interpretation of these Terms of Use.  

Supported Products
Net Health Wound Care version 7.0