THIS DEVELOPER AGREEMENT DEFINES THE AGREEMENT BETWEEN THE PERSON AND/OR ORGANIZTION OR ENTITY WANTS TO ACCESS THE EMEDICAL FHIR API, DEVELOPER ACCOUNT (referred to as the “DEVELOPER”) AND EMEDPRACTICE LLC. (referred to as the “EMED”); THE DEVELOPER ACCEPTING THESE TERMS SHALL BE SUBJECT TO THE TERMS OF THIS AGREEMENT. PLEASE READ IT CAREFULLY BEFORE ACCEPTING. IF DEVELOPER DOES NOT ACCEPT ALL TERMS AND CONDITIONS, THEY ARE NOT ALLOWED USE OR ACCESS THE EMEDICAL FHIR API.
Modification of Terms. EMED reserves the right to modify these terms at any time in its sole discretion and without notice. Any changes made to this agreement will considered as effective from the time of publish to public. These updated terms will be applicable to the developer who are continued to use EMedical FHIR API.
Developer Account. In order to establish a Developer Account, you may be required to provide contact information, organizational details, developers purpose of accessing API, billing details, and other information, and you agree to keep the information updated at all times.
Transparency. Developer must provide the license terms and conditions to use the application. Also, developers must keep the pricing and documents clear and reliable.
Safety and Security. Your application must be designed and developed by adopting any of Federal equivalent standard QMS, usability and Safety enhanced design stands. If your app storing the data on end-user device data must be fully encrypted. If your app is transmitting to any of patient information other third party, data must be shared on a secure encrypted transportation channel. Your app must maintain all user activity and share the info with EMED on Demand. You should not share secure client ID
Privacy. Your application must not hide or share any of PHI information without patient knowledge. Your app must comply with all HIPPA standards. Your app must be sharing or storing any PHI you must clearly describe the usage off that data to patient as well as EMED. You CAN NOT use any of patient personal information obtained by using EMedical FHIR API for any other purposes until unless the patient approval.
Responsibilities. Developer is solely responsible for Developer's use of and access to the API. EMED has no responsibility or control over any development performed by Developer in conjunction with the API, including all acts or omissions of anyone permitted by Developer to use and access the API. Developer acknowledges and agrees that it accepts all risks associated with the use of and access to the API, including any reliance on the accuracy, completeness, or usefulness of the API. Developer app must need to be reviewed by EMed Tech review team before publishing it to consumers.
Patient Access. Developers are exclusively accountable for determining and safeguarding patient independent access to their App for the purposes of Meaningful Use (MU) and Merit-based Incentive Payment System (MIPS) reporting.
Termination, Suspension, and Limitation of Use. Developer is not allowed to over load the sever, if any of such activities found EMED reserve the rights to disable your account right away. EMED reserves the right in its sole decision at any time to terminate or suspend Developer access to the API or to disable Developer credentials. Upon such termination or suspension, Developer will no longer have access to the API, and all of Developer's use rights therein will terminate. Any rights and obligations under the Agreement which by their nature should continue and will remain in full effect after termination or expiration of the Agreement. EMED may also limit the use of the access to or use of API, including but not limited to the number of transactions or data flow permitted, in its discretion
Open Source. Developer warrant that their Apps do not contain any open source software licensed under terms that require the user to make the user's modifications to the open source freely available in source code form, or any software that the user “combines” with the open source software freely available in source code form.
Warranties and Liability. Developers using the EMedical FHIR API use at their own risk. API will be provided to developers AS IS without any warranties, EMED is not responsible for any Faults. To the extent permissible by law, neither EMED nor its affiliates nor their respective suppliers or licensors shall be liable under any contract, negligence, strict liability, or other legal or equitable theory for any direct, indirect, exemplary, special, incidental, or consequential damages, including but not limited to loss of profits or other economic loss of developer or any third party, even if informed of the possibility of such damages. To the extent governing law does not permit such limitations to be applied in full, EMED liability shall be limited in all respects to the greatest extent permissible by law.