EHNOTE EFA TU API Terms of Use

Last Updated: October 10, 2023
    1. Within these terms of use for EHNOTE FHIR TU API ("EFA TU"), the collective entity, including EHNOTE, Inc. and its affiliates, is referred to as "EHNOTE." Terms such as "we," "our," or "us" pertain to EHNOTE. Any capitalized terms employed in these EFA TU without definitions can be found in Appendix 1.
    2. These EFA TU govern your utilization of our EFA TU Services. It is essential to carefully review these EFA TU before engaging with the EFA TU Services, as they constitute a legally binding agreement between EHNOTE and yourself once accepted. The EFA TU Services are also subject to our broader Terms of Use ("TU"), which cover various aspects of other EHNOTE services, including our websites. These EFA TU are seamlessly integrated into the TU and form an integral part of it. Furthermore, we encourage you to peruse our Privacy Policy to gain insight into our data collection, utilization, and privacy procedures, particularly concerning any personal data we may gather throughout your use of the EFA TU Services.
    3. By accessing or using any EFA TU Services, you affirm your recognition of and compliance with the EFA TU Terms. If you disagree with any part of the EFA TU Terms, please refrain from using the EFA TU Services. By doing so, you assert and guarantee that you are at least 18 years old and have the legal capacity to accept the EFA TU Terms.
    4. If you are utilizing the EFA TU Services on behalf of an entity, it is imperative to note that:
      (i) you assert that you possess the authority to legally bind that entity to the EFA TU Terms,
      (ii) you consent to the binding nature of the EFA TU Terms on behalf of that entity,
      (iii) you will ensure that all users comply with the EFA TU Terms, and
      (iv) references to "you," "your," and similar terms pertain to that specific entity.
    5. In the event that you have a Primary Agreement pertaining to the usage of the EFA TU Services, the term "Primary Agreement" refers to:
      (i) the Transaction Documents if you are an EHNOTE Customer (as defined in the TU),
      (ii) a written, enforceable agreement between you and EHNOTE if you are an EHNOTE Vendor, and
      (iii) a written, enforceable agreement between you and each EHNOTE Customer or Patient if you are an Application provider who is not an EHNOTE Customer or EHNOTE Vendor. These agreements must contain the appropriate terms for the extraction or transmission of Data to EHNOTE via the APIs. Primary Agreements outline your rights and obligations concerning Data, including its access, utilization, provision, and retention. EHNOTE separately formulates Primary Agreements with EHNOTE Customers and EHNOTE Vendors. The EFA TU Terms serve as a complement to the Primary Agreements concerning the use of the EFA TU Services. In the event of a conflict between a Primary Agreement and the EFA TU Terms, (a) the EFA TU Terms will take precedence regarding the use of the EFA TU Services, and
      (b) the Primary Agreement will govern other aspects such as the utilization, provision, and retention of Data.
    1. EHNOTE Customers. If you are an EHNOTE Customer and are not acting as an Application provider when using the EFA TU Services, employ your System user account information as your Authentication Credentials for accessing and authenticating with the EFA TU Services.
    2. Patients. If you are a Patient, make use of your patient portal user account information as your Authentication Credentials for accessing and utilizing the EFA TU Services.
    3. Application Providers. In the event that you function as an Application provider:
      1. In order to gain access to and employ the EFA TU Services, you must complete the registration process by supplying the specific details located here. Ensure the information you provide during registration is accurate, comprehensive, and kept up-to-date. In the course of reviewing your registration, we may request further information. Upon successful registration, you will be provided with additional Authentication Credentials.
      2. If a Test Environment is available, make use of your Authentication Credentials to access it. When using the Test Environment, solely work with test data and avoid uploading, transmitting, or entering any live or actual data. Performance in the Test Environment may differ from that in the Production Environment.
      3. In certain scenarios where Data is to be exchanged through the EFA TU Services, the corresponding EHNOTE Customer or Patient must activate the use of these EFA TU Services within our Systems. EHNOTE bears no responsibility for any delay or failure by an EHNOTE Customer to activate or deactivate any EFA TU Services.
    4. Credentials. Safeguard your Authentication Credentials. Refrain from sharing them with others and avoid using another person's Credentials. Promptly notify us in the following circumstances: (i) your Authentication Credentials are lost or stolen, (ii) you become aware of any unauthorized use of your Authentication Credentials, or (iii) you become aware of any unauthorized use of the EFA TU Services or any security breach that could impact the EFA TU Services. You bear full responsibility for all activity under your account. Embedding Credentials in open-source projects is strongly discouraged.

    1. If you are an EHNOTE Customer or a Patient, we hereby grant you the privilege to employ EFA Services to facilitate application access to your data. For application providers, we extend the right to:

      (i) Access and employ EFA Services in a Production Environment.
      (ii) Utilize EFA Services to support your application development.
      (iii) Promote, offer, and distribute your applications.

    2. All the privileges granted under the EFA Terms are strictly personal and may not be transferred, assigned, or sublicensed to others. We retain the authority to rescind these privileges if you violate the EFA Terms or any pertinent laws. It is important to note that EFA Services belong to EHNOTE and its third-party licensors, and they are safeguarded by intellectual property and other legal statutes. No entitlements are conferred upon you with respect to the EFA Services except for the explicitly stated rights in the EFA Terms. Any privileges not expressly granted in these EFA Terms are reserved by EHNOTE.

      1. Regulatory Compliance You are responsible for obtaining all required regulatory approvals, licenses, and permits related to your business activities under the EFA Terms. Furthermore, you must comply with all applicable laws when fulfilling your obligations under the EFA Terms. If you are an application provider, you must also avoid exporting EFA Services in violation of pertinent laws.
      2. Data Handling Compliance As an application provider, you are obligated to:
        (i) Collect, process, use, store, disclose, provide, and transfer data in accordance with all relevant laws, privacy policies, and third-party rights.
        (ii) Employ data solely for the authorized purposes outlined in your Primary Agreement, if applicable.
        (iii) Notify EHNOTE Customers, where applicable, that their data will be accessible to your applications.
        (iv) Provide legally compliant privacy notices and protections.
      3. Handling Protected Health Information If you intend to use the EFAs for accessing or transmitting Protected Health Information on behalf of EHNOTE or an EHNOTE Customer, you must establish one or more Business Associate Agreements, as required by HIPAA, either with us or with each EHNOTE Customer. It's essential to understand that the EFA Terms do not constitute a Business Associate Agreement and should not be construed as creating any Business Associate relationship. By utilizing the APIs to access or transmit Protected Health Information, you confirm that you have executed all necessary Business Associate Agreements or other required arrangements to comply with HIPAA or any other relevant laws.

    4. Except as explicitly allowed by these EFA Terms, you must:

      1. Respect Other Users Refrain from interfering with the use of the EFA Services by other users.
      2. Prohibited Actions Not engage in actions such as copying, reproducing, selling, licensing, renting, leasing, distributing, displaying, transferring, modifying, or creating derivative works from the EFA Services.
      3. Protecting Rights Avoid altering or tampering with any copyright, trademark, or other proprietary rights associated with the EFA Services.
      4. Software Code Not decompile, disassemble, reverse engineer, or attempt to discover or derive any proprietary software code or information related to the EFA Services, except where such restrictions are prohibited by applicable law.
      5. Unlawful Use Refrain from using the EFA Services for defamatory, harassing, abusive, threatening, stalking, or fraudulent activities.
      6. Data and Material Ensure that the data or other materials you submit, upload, post, or transmit adhere to the following conditions: (i) you have the right to reproduce, display, or transmit them, (ii) they do not infringe upon the intellectual, proprietary, or other rights of any party, and (iii) they are not harmful or unlawful.
      7. Preventing Overload Take steps to ensure that your usage of the EFA Services does not excessively strain the EFA Services or the Systems or cause them to function inaccurately or inconsistently.
      8. Non-Interference Do not interfere with the operation of the EFA Services or Systems, or any servers, networks, or systems associated with them.
      9. Security Measures Do not attempt to breach, defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any firewall, encryption, security, authentication routines, or software protection mechanisms employed by the EFA Services or Systems, except where such mechanisms are prohibited by applicable law.
      10. Automated Tools Refrain from using any automated programs, tools, or processes (including web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the EFA Services, the Systems, or any servers, networks, or systems associated with the EFA Services or Systems. Additionally, do not employ such tools to extract, collect, harvest, or gather content or data from the EFA Services or Systems.
      11. Compliance with Prohibitions Ensure that your applications do not engage in or attempt to perform any of the activities prohibited in this section 3.4. Do not assist or permit any individual in carrying out the acts restricted by this section 3.4.
    5. Virus-Free Assurance You assert and warrant that your utilization of the EFAs (and, if you are an application provider, your application) will be free from viruses or any other harmful or malicious code, software, computer instructions, devices, or techniques designed to threaten, infect, damage, disable, or disrupt the EFA Services or the Systems, or any other technology, software, solution, equipment, or computer system (e.g., no viruses, worms, Trojan horses, malware, etc.).
    6. Open Source Software If you are an application provider, you guarantee that your applications will not incorporate any software code subject to a license that, when used in conjunction with the EFA Services, necessitates the disclosure or distribution of our software code, or other software code combined or distributed with our software code, in source code form, licensed for the purpose of creating derivative works, or redistributable at no charge.
    7. Costs and Technology Requirements You are responsible for covering all costs associated with your compliance with the EFA Terms. It is your sole responsibility to supply and maintain, at your own discretion and expense, the appropriate software, hardware, and other technology necessary for receiving and using the EFA Services, in accordance with the EFA Terms and the Documentation. Note that additional work may be needed for utilizing the EFA Services with EHNOTE Customers who have licensed on-premise electronic health records systems.
    8. Customer Support If you are an application provider, you are solely responsible for all aspects of sales, enrollment, implementation, training, maintenance, and support related to EHNOTE Customer's use of your applications.
    9. (i) Applications are Third-Party Services, as defined and further detailed in the TU, which you access and use at your own discretion and risk.
      (ii) You bear full responsibility for selecting and using any applications and for screening and choosing application providers.
      (iii) You are solely responsible for activating and deactivating the EFAs used or accessed by any applications.
      (iv) By activating the use of EFAs by an application, you grant permission to the application and its provider to access your data.
      (v) Once an application and its provider have access to your data, the provider may share your data with its developers, suppliers, affiliates, and other individuals and entities.
      (vi) EHNOTE bears no responsibility for any application, the use or disclosure of your data by an application or its provider, or any other actions or omissions of an application provider. The use and disclosure of your data by an application provider are exclusively governed by the agreement between you and the application provider.
    10. (i) Applications are Third-Party Services, as defined and further detailed in the TU, which you access and use at your own discretion and risk.
      (ii) You bear full responsibility for selecting and using any applications and for screening and choosing application providers.
      (iii) You are solely responsible for activating and deactivating the EFAs used or accessed by any applications.
      (iv) By activating the use of EFAs by an application, you grant permission to the application and its provider to access your data.
      (v) Once an application and its provider have access to your data, the provider may share your data with its developers, suppliers, affiliates, and other individuals and entities.
      (vi) EHNOTE bears no responsibility for any application, the use or disclosure of your data by an application or its provider, or any other actions or omissions of an application provider. The use and disclosure of your data by an application provider are exclusively governed by the agreement between you and the application provider.

    1. We retain the right to make modifications to the EFA Terms as needed. The most recent update date is prominently displayed at the top of the EFA Terms. We strongly recommend that you regularly review the EFA Terms to stay informed about any changes made to them. We will make reasonable efforts to inform you of significant alterations to these EFA Terms before they become effective. This will provide you with a fair opportunity to adjust your applications to ensure compatibility with the EFA Services. We may use various methods for notification, such as posting an announcement directly on the EFA Services, sending an email notification (if you have provided your email address to us), or employing other reasonable means.

      By continuing to use the EFA Services following any modifications to the EFA Terms, you are acknowledging your acceptance of these changes. If you disagree with the alterations, please cease using the EFA Services prior to their effective date or promptly upon becoming aware of changes that have already been implemented. If you accessed or used the EFA Services before the initial effective date of the EFA Terms, your continued use of the EFA Services after such effective date signifies your agreement to be bound by the EFA Terms, governing your use of the EFA Services.

    2. (i) We reserve the right to make changes to the operation of the EFA Services or any of its features at any time. We will diligently attempt to notify you of substantial adjustments to the EFA Services before they come into effect, thereby allowing you a reasonable window to update your applications and maintain compatibility with the EFA Services. This notification may occur through various means, including direct announcements on the EFA Services, email notifications (if your email address is on record with us), or other reasonable methods.
      (ii) In addition, with or without prior notice and without incurring liability to you or any other parties, we reserve the authority to: (a) investigate any suspected or reported misuse of the EFA Services and cooperate with law enforcement, governmental entities, or third parties in such investigations, and (b) disclose information regarding your use of the EFA Services in connection with investigations by law enforcement or governmental entities, or in response to lawful court orders or subpoenas. EHNOTE may also monitor your utilization of the EFA Services, including your interaction with applications, in order to confirm your compliance with the EFA Terms, enhance the EFA Services and Systems, and evaluate the quality and security of applications. Currently, EHNOTE does not impose any specific fees for the EFA. If, in the future, we decide to implement fees for the EFAs, we will revise these EFA Terms to include a description of such fees.
      1. Introduction to Updates

        EHNOTE retains the option, but not the obligation, to develop and provide updates for our EFA Services. These updates may encompass enhancements, bug fixes, patches, other error corrections, and new features, collectively referred to as "Updates." Updates may also modify or entirely remove specific features and functionality. It is understood that EHNOTE is not obliged to furnish any Updates or to maintain any particular features or functionality.

      2. Mandatory Installation of Updates

        Certain portions of the EFA Services may not function properly if you do not promptly install all available Updates. We strongly encourage you to install Updates as soon as they are made available. In some cases, we may temporarily suspend your access to EFA Services until you have installed specific Updates, providing you with a reasonable window to complete this process. It is important to note that all Updates are considered integral parts of the EFA Services and are subject to the terms and conditions outlined in the EFA Terms.

    1. Voluntary Termination by You

      You have the prerogative to terminate your usage of the EFA Services, except where there are outstanding obligations in a Primary Agreement with EHNOTE. You can initiate this process by providing written notice to EHNOTE at [email protected].

    2. Termination and Suspension by EHNOTE

      You acknowledge and accept that, as long as it is not in contradiction with relevant laws:

      (i) EHNOTE possesses the authority to, without incurring liability, terminate or suspend your access to the EFA Services, either partially or completely. This can occur if EHNOTE determines any of the following:
      a) Violation of the EFA Terms, a Primary Agreement, or any applicable laws.
      (b) Any term within the EFA Terms is in violation of applicable laws, including the federal Anti-Kickback Statute, the Stark Law, the 21st Century Cures Act, or the False Claims Act.
      (c) You or any of your proprietors are excluded from participation in a Federal Health Care Program (as defined in 42 U.S.C. § 1320a-7b(f)) or are subject to debarring, ineligibility, suspension, or other sanctions by any federal or state government.
      (d) If EHNOTE deems your use of the EFA Services as unauthorized, a security threat, fraudulent in nature, or interfering with the use of the EFA Services by others.
      (ii) Such termination or suspension can occur without prior notice.
      (iii) In the event of such termination or suspension, EHNOTE retains the right to immediately deactivate and terminate your account and revoke your access to the EFA Services.
    3. Suspension and Downtime

      To the extent not inconsistent with applicable laws, we reserve the right to restrict, suspend access to, or temporarily shut down the EFA Services, either partially or entirely, at any time. This action may be taken for the following purposes:

      (i) Rectification of issues with the EFA Services.
      (ii) Execution of routine maintenance.
      (iii) Implementation of updates to the EFA Services, as described in section 4.3.

      Please be aware that the EFA Services may not be available at all times and should not be relied upon in emergency situations. In instances of downtime, temporary limitations, or unavailability of the EFA Services for purposes such as fixing issues, routine maintenance, updates, providing support services, addressing unplanned downtime, or for other planned or unplanned reasons, we will make commercially reasonable efforts to ensure that the duration of unavailability is as brief as necessary to accomplish the relevant purpose. EHNOTE is committed to executing such restrictions, suspensions, or shutdowns of access in an equitable and non-discriminatory manner, and if applicable, in accordance with any service level agreements delineated in the EFA Terms or the Primary Agreement.

    4. Consequences of Termination
      1. Termination of Rights and Usage

        Upon termination of the EFA Terms: (i) All rights granted to you under the EFA Terms will cease. (ii) You must cease all utilization of the EFA Services.

      2. Survival of Certain Provisions

        Any provisions within the EFA Terms that, by their nature, should persist beyond the termination of the EFA Terms, will endure. This includes sections: 5.4, 6.1, 6.3, 7, 8, 9, and 10.

  6. This section 6 is specifically relevant to Application providers. EHNOTE Customers are advised to consult their Primary Agreement for information on these matters.

    1. Both parties shall maintain ownership of their respective intellectual property rights.

      1. EHNOTE's Actions:
        (i) EHNOTE reserves the right to include your entity in our listings of companies connected through the APIs, which may be featured on our websites.
        (ii) As part of promoting, marketing, or demonstrating the Systems or EFA Services, EHNOTE may generate and distribute supplementary representations, including screenshots, videos, or other content, showcasing EHNOTE Customers' utilization of the Applications.
      2. Your Permissible References:

        You are allowed to make suitable and truthful references to EHNOTE within the documentation for the Applications, under the following conditions:

        (i) You must not directly or indirectly imply that any Application is endorsed, sponsored, or recommended by EHNOTE.
        (ii) Unless explicit written consent is obtained from us on a case-by-case basis, all mentions of EHNOTE must be limited to plain word marks (e.g., logos cannot be used). You must obtain prior written consent for any other usage of EHNOTE's name or any reference to EHNOTE (e.g., in marketing materials, blogs, press releases, etc.).
      3. Public References

        Unless prior written consent is acquired from the other party, neither party shall reference the other in any press release, marketing materials, advertisements, or any form of public communication or broadcast.

    3. Should you provide us with any comments, suggestions, ideas, or other feedback collectively termed as "Feedback," the following terms apply:

      (i) You are not under any obligation to provide Feedback.
      (ii) We are not obligated to utilize the Feedback.
      (iii) We possess an unrestricted right to use and exploit any Feedback provided by you, including the right to authorize others to do so.
      (iv) You are not entitled to compensation for any Feedback.

    4. You recognize the following:

      (i) EHNOTE Customers have granted EHNOTE the authority to employ Protected Health Information and other data to create information that is de-identified, conforming to the HIPAA de-identification standard.
      (ii) EHNOTE holds the privilege to use, sell, provide to third parties, and otherwise commercialize any such de-identified data for purposes that are not prohibited by law.

      You also agree that nothing within the EFA Terms shall be interpreted as limiting EHNOTE's capacity to commercialize, market, license, use, provide to third parties, exploit, transform, or sell such de-identified patient and other data.

  7. The EFA Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, EHNOTE offers no warranties and disclaims all warranties concerning the EFA Services, whether they are expressed or implied, statutory or otherwise. These include implied warranties, terms, or conditions, such as merchantability, fitness for a specific purpose, non-infringement, and title, as well as any warranties arising from the course of performance, course of dealing, or usage in trade. EHNOTE does not warrant:

    (i) The uninterrupted or error-free operation of the EFA Services.
    (ii) The correction of any defects or errors.
    (iii) The security and freedom from viruses or other harmful components of the EFA Services.
    (iv) The currentness or accuracy of any data provided by or through the EFA Services.
    (v) Against any loss or corruption of data or submissions. Your use of the EFA Services is solely at your own risk.
    1. (i) Any indirect, incidental, exemplary, special, punitive, or consequential damages, including the loss of use, data, or information of any kind, arising from or related to your use of the EFA Services, even if advised of the possibility of such loss or damages.
      (ii) Damages arising from or related to these terms, exceeding the greater of: (A) the amounts you paid, if any, specifically for the EFA Services associated with the claim in the 6 months prior to the events giving rise to such claim, or (B) $500, in the aggregate for all claims.

    2. Each provision in the EFA Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the risks between the parties. This allocation is an essential element of the basis of the agreement between the parties. Each of these provisions is separate and independent of all other provisions of the EFA Terms. The limitations in the EFA Terms will apply even if any limited remedy fails of its essential purpose.

    3. Because some states do not allow the exclusion or limitation of liability for consequential, incidental, or other damages or total liability, the above limitations may not apply to you.

  9. In addition to any indemnification obligations you may have, you shall indemnify EHNOTE (including its affiliates) and our respective officers, directors, employees, agents, representatives, advisors, contractors, and consultants (collectively, "Indemnified Parties") from and against any and all claims, actions, suits, demands, liabilities, damages, losses, penalties, interest, fines, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

    (i) Third-party claims arising from or related to your use of, inability to use, or reliance upon the EFA Services.
    (ii) The Applications, including your provision of or use of any Application.
    (iii) An Application provider's act or omission (including a Data incident or breach).
    (iv) Your violation of the EFA Terms or applicable law.
    1. Notice: EHNOTE may provide you with notices, including those concerning changes to these EFA Terms, through various means such as postings on our websites, the EFA Services, or via email.
    2. Governing Law and Jurisdiction. The FHIR Terms, your use of the FHIR Services, and any disputes arising from or related to the FHIR Terms or your use of the FHIR Services are governed by and construed in accordance with the laws of the state of EHNOTE without regard to its conflict of law principles. The exclusive jurisdiction and venue of any action with respect to the subject matter of the FHIR Terms will be the state and federal courts located in the state of EHNOTE, and you irrevocably submit to the personal jurisdiction of such courts.
    3. Regulatory Acknowledgments: The parties intend for the EFA Terms to comply with the 21st Century Cures Act and any provision that doesn't comply shall be replaced as described in section 10.5. Nothing in the EFA Terms will be interpreted to prohibit or restrict any communication in a manner that violates the Conditions of Certification at 45 C.F.R. § 170.403(a). Each party acknowledges that the terms related to the content and manner of a request for access, exchange, or use of electronic health information in the EFA Terms reflect the parties' mutual agreement and meet the conditions of the Content and Manner Exception at 45 C.F.R. §§ 171.301(a) and (b)(1).
    4. Waiver: Any waiver of a provision in the EFA Terms must be in writing and signed by the party entitled to the benefit of such provision. EHNOTE's failure to exercise or enforce any right or provision of the EFA Terms shall not constitute a waiver of that right or provision.
    5. Severability: If any provision in the EFA Terms is declared void or unenforceable, the parties shall replace it with a substitute provision that reflects their original intent as closely as possible and is enforceable. The validity of the other provisions and the EFA Terms as a whole shall not be affected.
    6. Independent Contractor: The EFA Terms do not create a joint venture, partnership, employment, or agency relationship between you and EHNOTE. EHNOTE is not considered a third-party service provider under PCI-DSS.
    7. Force Majeure: EHNOTE shall not be liable for the failure or delay in performing its obligations due to a force majeure event or other circumstances beyond its reasonable control.
    8. Interpretation: Headings in the EFA Terms are for convenience and shall not be used in interpreting the EFA Terms. The EFA Terms are deemed to be drafted by both parties and shall not be construed against either party. The term "include" (and its variants) is to be construed as inclusive, not exclusive, and followed by "without limitation," unless the context requires otherwise.
    9. No Exclusivity: The EFA Terms are non-exclusive, and EHNOTE retains the right to offer similar services to third parties without restrictions.
    10. Entire Agreement: The EFA Terms constitute the entire agreement between the parties regarding the EFA Services and supersede any prior communications, whether written or oral, concerning the EFA Services. There are no third-party beneficiaries to the EFA Terms, except as expressly set forth in the EFA Terms.

APPENDIX 1 Definitions

  • Application: Refers to applications, websites, products, and services that utilize or access the EFAs and are not developed or supplied by EHNOTE.
  • Business Associate: Carries the meaning as defined in HIPAA.
  • EFAs: Denotes EHNOTE's Certified APIs, enabling a party to access and transmit Data, including the Certified FHIR API (Fast Healthcare Interoperability Resources application programming interfaces) allowing Data access and transmission.
  • EFA Services: Encompasses the EFAs, Documentation, Test Environment, Production Environment, Test Data, and all other products and services provided through or with the EFAs.
  • Certified APIs: Refers to application programming interfaces certified in accordance with the certification criteria set forth by the Office of the National Coordinator for Health IT at 45 C.F.R. § 170.315(g)(7)-(9) or (g)(10).
  • Credentials: Encompasses any usernames, client identification numbers, passwords, keys, "secrets," or tokens employed to access or use the EFA Services, including those provided by us in relation to the EFA Services.
  • Data: Represents data, information, or other content stored or intended to be stored in the Systems or transmitted or accessed through the EFAs. Data specifically excludes data subject to PCI-DSS, which may not be stored in the Systems or transmitted through the EFAs.
  • Documentation: Pertains to the specifications, requirements, or other documentation related to the EFAs that EHNOTE offers or makes accessible.
  • HIPAA: Signifies the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and their implementing regulations, as each may be amended.
  • Laws: Refers to any statute, law, regulation, ordinance, rule, code, order, constitution, treaty, common law, judgment, decree, or governmental requirement enacted, promulgated, or imposed by any governmental authority at any level (including municipal, county, province, state, national, or foreign). This includes privacy laws, health care fraud and abuse laws (e.g., the federal Anti-Kickback Statute, Stark Law, and False Claims Act), the 21st Century Cures Act, and any industry organization-adopted standards (e.g., Payment Card Industry) applying to a party's offered products or services (e.g., PCI-DSS).
  • EHNOTE Customer: Denotes customers of EHNOTE's cloud-based or licensed on-premise electronic health records systems, related systems (such as practice management systems), and associated services.
  • EHNOTE Vendor: Represents a supplier, service provider, or other vendor of EHNOTE.
  • Patient: Refers to a patient of an EHNOTE Customer who has requested access to their Data through an Application.
  • PCI-DSS: Stands for Payment Card Industry Data Security Standards.
  • Production Environment: Indicates a live-access production environment for the EFAs.
  • Protected Health Information: Adheres to the meaning assigned in HIPAA.
  • Systems: Refers to (i) EHNOTE Customers' cloud-based electronic health records systems and associated systems like practice management systems and related services, and (ii) EHNOTE's technology, software, hardware, equipment, network, or other specified systems in the Primary Agreement.
  • Test Data: Signifies sample data provided or made accessible by EHNOTE.
  • Test Environment: Represents a "sandbox" environment designed for testing and development purposes.