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Sandbox Terms of Service

These Sandbox Terms of Service (“Terms”) are a legal agreement between you (“you”, “your”) and Prime DataQ Health, LLC (“DataQ”, “we”, “our”, “us”) governing your use of our FHIR application programming interfaces (“API”), API Platform developer content, features and functionality (the “Services”) in a sandbox instance (the “Sandbox Environment”).

BY CLICKING OR CHECKING A BOX TO ACCEPT, OR BY LOGGING INTO OR USING THE SANDBOX ENVIRONMENT, YOU AUTOMATICALLY AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCEPT CLICK “I ACCEPT”, CREATE AN ACCOUNT, OR USE THE SANDBOX ENVIRONMENT.

Using the Sandbox Environment.
Through the Sandbox Environment, you may use certain Developer Services for testing, demonstration or evaluation purposes only. DataQ may restrict or terminate your use of the Sandbox Environment at any time if you violate any provisions of these Terms. Your use of the Developer Services for development or use of production applications is governed by a separate set of Developer Terms of Service (“Developer Terms”). You will agree to the Developer Terms separately if you use the DataQ platform Developer Services.

No Patient Data.
You may only use synthetic data or test data derived from patient data which has been properly de- identified under Applicable Law (“Test Data”) with the Sandbox Environment. DataQ may make Test Data available to you in the Sandbox Service. You may also upload your own Test Data, but only if you comply with the requirements of these Terms. You may not upload any actual identifiable patient data to the Sandbox Environment, including any Protected Health Information (“PHI”) as defined under HIPAA or any other personally identifiable  information (“PII”).

Regulatory Limitations.
By accepting these Terms, you acknowledge that DataQ does not provide the same kind of information security protections for the Sandbox Environment that it does for its Developer Service and that DataQ has not entered a Business Associate Agreement with you.

Other Restrictions on Use.
You may not, and you agree not to allow or enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, decrypt or create derivative works of the Services, the materials available on our website, the Sandbox Environment or any part or component thereof (“Materials”). You may only use APIs specifically identified for Developer use (“Documented APIs”) and you may not use or call any private, internal or other APIs to which you may have access through the Sandbox Environment. You agree that you will not upload, transmit or otherwise provide to or through the Sandbox Environment any information, data, content or that contain, transmit or activate any harmful, malicious or destructive code. You will not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Services, Materials or Sandbox Environment, including any screen displays or any other products or materials provided by DataQ. You will only use the Sandbox Environment in accordance with any usage limits included in the Materials.

DataQ may, in consideration of overall system performance, limit the frequency or nature of application calls by you for a period of time no longer than necessary to resolve any negative impacts caused by excessive application calls. We reserve the right to limit or disable your use of the Sandbox Environment to the extent  necessary to protect system stability or security.

Additionally, you will not:

1. use the API in a manner that materially delays, impairs, or interferes with system functionality of the API or DataQ-EMR for others or that compromises the security or integrity of any DataQ data, equipment, software, or system input or output;
2. enter, transmit, or send data through the API, or deliver information to DataQ for publication to DataQ clients, that is illegal, threatening, harmful, lewd, offensive, defamatory, or that injures or infringes the rights of a third party;
3. apply systems to extract or modify information from the API or DataQ using technology or methods such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping”;
4. use the API or Materials, or any part or aspect of them, for any unlawful purpose;
5. sell, rent, lease, sublicense, redistribute, or syndicate access to the API, DataQ, or Materials to any third party without prior written approval from DataQ;
6. remove or alter any proprietary notices or marks on the API or Materials;
7. use or access the API for purposes of monitoring the availability, performance, or functionality of our services or for any other benchmarking purposes; or
8. cause, assist, or permit any third party (including an end-user) to do any of the foregoing.

Confidentiality & Intellectual Property.

Confidentiality. “Confidential Information” includes all  information DataQ provides to you under these Terms, including without limitation, any tools, content, or Materials, including any third-party content, materials or software. You agree not to use or disclose this Confidential Information except as necessary to use the Sandbox Environment for testing, demonstration, or evaluation purposes. Your confidentiality obligations will continue after you stop using the Sandbox Environment or termination of these Terms. You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of the Confidential Information and that DataQ will be entitled (without waiving any other rights or remedies) to injunctive or equitable relief as deemed proper by a court of competent jurisdiction.

DataQ Intellectual Property. Subject to your compliance with these Terms, DataQ grants to you a limited, revocable, non-exclusive, non-sublicensable, non-transferable, non-assignable license to use the Sandbox Environment, including the Developer Services (upon acquiescence to the Developer Terms), DataQ Platform, and any included third-party content, material, or software. You will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit the services or functionality made available in the Sandbox Environment. DataQ reserves all rights title and interest not expressly granted in these Terms. For any feedback, suggestions, or recommendations related to the Sandbox Environment, the Developer Services or any Materials (“Feedback”) that you may give to DataQ while you use the Sandbox Environment or any Developer Services, you give DataQ a non-exclusive, irrevocable, perpetual, royalty- free, fully-paid up, transferable and sublicensable license to use in any manner and for any purpose.

Your Intellectual Property. You will retain all rights, title and interest not expressly granted in these Sandbox Terms to any content, data or code you upload to the Sandbox Environment (“Your Content”). Only for purposes of making the Sandbox Environment available to you consistent with our Materials, you grant to DataQ a worldwide, non- exclusive, transferable, assignable, sub licensable royalty- free license to host, use, distribute, modify, run, copy, publicly perform or display Your Content.

No Warranties & No Liability.

No Warranties. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, DATAQ PROVIDES THE SANDBOX ENVIRONMENT “AS IS” AND WITHOUT ANY SPECIFIC PROMISES ABOUT THE SERVICES, THEIR FUNCTIONALITY, CONTENT OR TEST DATA WITHIN THE SERVICES, OR THEIR RELIABILITY OR AVAILABILITY. SOME JURISDICTIONS ALLOW FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDED ALL WARRANTIES.

Limitation of Liability. EXCEPT WHERE PROHIBITED, DATAQ SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SANDBOX ENVIRONMENT.

Indemnification.

You agree to indemnify, release and hold DataQ harmless from any and all liability, claims, actions, loss, harm, damage, injury or costs arising out of your use of the Sandbox Environment.

Miscellaneous.

We may modify these Terms at any time by posting a revised version on our website.  By clicking “I accept”, or by continuing to use or log in to the Sandbox Environment after the Sandbox Terms have changed, you indicate your agreement to them. If you do not agree to the changes, you should stop using or logging in to the Sandbox Environment.

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law rules. Any legal action, suit, or proceeding arising from these Terms will be brought in state or federal court in Dallas County, Texas.

DataQ will not be deemed as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.

If any part of these Sandbox Terms are invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.