Terms of Use:

 

Thank you for using MedMagic’s API.

In these API Terms of Use (“Terms”) “MedMagic” refers to MedMagic, LLC. the API software vendor, and “HCO” refers to the Health Care Organization that has implemented the MedMagic API software.  These Terms govern your access and use of the MedMagic API.  By accessing or using the MedMagic API, the App Developer (“You”), agree to be bound by these Terms.

 

1.    OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY (“ONC”)

 

Requirements set forth by the ONC for electronic health record (“EHR”) software to meet to be a certified EHR for the 2015 edition, MedMagic has made available the MedMagic API via this site to enable patient information retrieval from the MedMagic EHR.

 

2.    ACCEPTING THE TERMS

 

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 MedMagic API in accordance with these terms.

 

b.      Entity Level Acceptance

 

If you are using the MedMagic API on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to “you” in the Terms refer to that entity).

 

 

3.    CHANGES

 

a.      To MedMagic’s API

 

MedMagic may modify or update the MedMagic API from time to time. We will try to ensure, as far as possible, that future version(s) of the MedMagic API are backwards compatible with at least the most recent previous version, but cannot guarantee that this will always be possible. You should adapt your app to use the most up-to-date version of the MedMagic API promptly following release by MedMagic.  

 

b.      To MedMagic’s API Terms of Use

 

MedMagic may change and update these Terms from time to time, and will publish any changes on this page.  Make sure to check this page for any updates.  Your continued use of the API after any such changes constitutes your acceptance of the new terms.   If you are unable to comply with any amended version of the Terms, you should stop use of the MedMagic API immediately.

 

4.    RESPONSIBILITIES AND REPRESENTATIONS

 

a.      Compliance

 

You agree to comply with all applicable laws, rules and regulations relating to the use of the MedMagic API.

 

b.      Registration

 

You agree to register your app with an HCO that has implemented the MedMagic API.  You represent and warrant that the registration information you provide to HCO is accurate.

 

c.       App

 

You represent and warrant that your app is stable.

 

d.      Support

 

You agree to provide meaningful customer support for your app and to make it easy for customers to contact you with questions and concerns.

 

e.       Privacy Policy

 

You agree to provide and comply with a publicly accessible privacy policy.  

 

 

5.    HEALTH CARE ORGANIZATION

 

The HCO with which you register your app may provide its own Terms of Use (“HCO Terms”).  You agree to adhere to the HCO Terms.  In the event of a conflict between these Terms and the HCO Terms, the HCO Terms will control.  

 

 

6.    MEDMAGIC API RESTRICTIONS

 

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

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

 

7.    MEDMAGIC API LIMITATIONS

 

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

a. Rate limit or block apps that make a large number of calls to the MedMagic API
b. Disable, restrict or remove your app’s access to the MedMagic API 
c. Perform an Action with the intent of introducing to the MedMagic API any viruses, defects, malware, or any items of a destructive nature. 
d. Interfere with or disrupt the MedMagic API or the servers or networks providing the MedMagic API.  

8.    IP OWNERSHIP

 

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

9.    INDEMNIFICATION

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MEDMAGIC, 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 (“CLAIMS”), RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY CLAIMS ARISING FROM YOUR USE OF THE MEDITECH API OR THE MEDITECH WEB SITE (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 MEDMAGIC API ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR THE MEDMAGIC REST API IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, MEDMAGIC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.  MEDMAGIC REST API MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, AND ACCURACY OF THE MEDMAGIC REST API OR OTHER INFORMATION, TECHNOLOGY, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS PROVIDED BY MEDMAGIC FOR ANY PURPOSE.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, SHALL MEDMAGIC, 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 MEDMAGIC API, WITH THE DELAY OR INABILITY TO USE THE MEDMAGIC API OR RELATED TECHNOLOGY, SOFTWARE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE MEDMAGIC REST API, SOFTWARE OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED FROM MEDMAGIC, OR OTHERWISE ARISING OUT OF THE USE OF THE MEDMAGIC API, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEDMAGIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MEDMAGIC REST API OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEDMAGIC REST API. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MEDMAGIC, 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 FOR THE USE OF THE PARTICULAR TECHNOLOGY, SOFTWARE, PRODUCT, INFORMATION OR SERVICE PROVIDED BY MEDMAGIC.

12. THIRD PARTY CONTENT

The MedMagic API may contain software, materials, content, data, or information provided, posted, or offered by third parties.  You agree that neither MedMagic 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 you, MedMagic or the HCO may terminate your right to use the MedMagic API at any time, with or without cause or notice.

14. PUBLICITY

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

15. APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of the state of New Jersey.  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 New Jersey.  You consent to the personal and subject matter jurisdiction of the state and/or federal courts located in the state of New Jersey 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.