Terms of Use

Acceptance of the Terms of Use

These terms of use ("Terms of Use") entered into between You and HL7 International ("we" or "us"), govern your access to and use of our software and application development platforms (the "Platforms").

Please read the Terms of Use carefully before you start to use the Platforms. By using the Platforms or by agreeing to the Terms of Use below, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you are not permitted to access or use the Platforms.

The Platforms are offered and available to users who are 18 years of age or older. If you are not 18 years old or older you are not permitted to access or use the Platforms.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platforms thereafter. Your continued use of the Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage you to check these Terms of Use often for updates.

Accessing the Website and Account Security

Access to the Platforms is provided to you solely for the purposes of developing, discovering, evaluating, distributing, and operating digital products. We reserve the right to withdraw or amend the Platforms, and any service or material we provide through the Platforms, in our sole discretion at any time without notice. We will not be liable if for any reason all or any part of the Platforms is unavailable at any time or for any period.

To access the Platforms or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platforms that all the information you provide on the Platforms is correct, current and complete. You agree that all information you provide to register with the Platforms or otherwise, including but not limited to through the use of any interactive features on the Platforms, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, API key, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platforms or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Your credentials uniquely identify you and you may not allow others to use your credentials, which you must safeguard your password. We attribute all actions taken under your credentials to you and you are responsible for all use, access and activities under or using your credentials or your account.

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper e; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform not intended for direct linking, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

Violations of system or network security may result in civil or criminal liability. HL7 International will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform.

We have the right to disable any account, credentials or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Digital products made available to you through the Platform and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by their respective copyright holders, its licensors, and/or HL7 International, and such materials are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not commercially exploit or make the Platforms available to any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Platforms, except as authorized by the Terms of Use. No right, title or interest in or to the Platforms or any content on the Platforms is transferred to you beyond the terms of product license(s) provided on respective product pages, and all rights not expressly granted are reserved by HL7 International and respective product copyright holders. By using any/all product offerings provided to you by the Platform, you agree to be bound by the license(s) offered by that product publisher and all covenants, restrictions, and obligations contained therein.

Trademarks

The HL7 International name and all related names, logos, product and service names, designs and slogans, as well as those of individual product listings, are trademarks of HL7 International and/or product publishers, affiliates or licensors. You must not use such marks without the prior written permission of the copyright holder(s). Any other unattributed name, logo, product and service name, design or slogan on the Platforms should be assumed to the trademarked to its respective owner.

Prohibited Uses

You may use the Platforms only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use the Platforms in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, the European Union or other countries).
  • Use the Platforms for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • Use the Platforms to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below in these Terms of Use.
  • Use the Platforms to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • Impersonate or attempt to impersonate HL7 International, an HL7 International employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • Use the Platforms in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platforms, including their ability to engage in real time activities through the Platforms.
  • Input or upload protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act (“HIPAA”), or other sensitive personal data or personal information regulated under applicable laws (e.g., “special categories of personal data” under the EU’s General Data Protection Regulation) to the Platforms or otherwise use the Platforms to store, share, transmit, transfer, or process PHI or other sensitive data in any manner.
  • Use any robot, spider or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms.
  • Use any device, software or routine that interferes with the proper working of the Platforms. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, the server on which the Platforms is stored, or any server, computer or database connected to the Platforms. Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Platforms.

User Contributions

The Platforms contain or link to personal profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website, including Downloadable Software or User Generated Products.

All User Contributions must comply with the Content Standards set out below in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary, which we may use without fees or encumerances to operate the Platforms.

You represent, warrant, and covenant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees; and (ii) your User Contributions comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HL7 International nor our affiliates nor contractors, have full responsibility for such content, including its legality, reliability, accuracy, appropriateness, or fitness for purpose. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website and offer no warrantees for any purpose whatsoever.

Downloadable Software

Any HL7 International or third party software or related materials that are available for download from the Platforms (collectively, "Downloadable Software") is the copyrighted property of its publisher and/or its licensor/distributor and/or HL7 International. Any reproduction, distribution, performance, display, use or preparation of derivative works of Downloadable Software are governed by the terms of the separate license agreement applicable to that third party Downloadable Software.

User Generated Products

Subject to the terms and conditions of these Terms of Use, you may be able to create your own distributable products on the Platforms ("User Generated Products"). As between the parties, and subject to the terms of any applicable license agreement for Downloadable Software, you will own all right, title and interest in and to the User Generated Products; provided, however, that you grant us and our licensees and service providers the perpetual, irrevocable and fully paid-up right and license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties the User Generated Products for the limited purpose of operating the Platform and performing our other rights and obligations under these Terms of Use and applicable product license(s). You represent, warrant, and covenant that:

  1. You own or control all rights in and to the User Generated Products and have the right to grant the license granted above to us and our licensees and service providers; and
  2. Your User Generated Products comply with these Terms of Use, including the Content Standards set forth below in these Terms of Use.

If you access a third party developer's User Generated Products through the Platforms, you agree to the following terms and conditions ("User Generated Product Access Restrictions"):

  • The User Generated Products and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the third party developer and/or its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
  • You may not commercially exploit or make the User Generated Products available to any third party unless permitted to do so by the license(s).
  • You will not copy, reproduce, disclose, divulge, distribute, transmit, modify, decompile, disassemble, reverse engineer, create derivative works of, publicly display, publicly perform, use, republish, download, store, commercialize, license, lease, market, sell or grant a security interest in the User Generated Products (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), except as expressly authorized by these Terms of Use and the produc license(s).
  • You will prevent unauthorized users from doing any of the foregoing.
  • You acknowledge that no right, title or interest in or to the User Generated Products or any content on the User Generated Products is transferred to you, and all rights not expressly granted are reserved by the third party developer and/or its licensors.
  • By providing any User Contributions in connection with your access to a User Generated Product, you grant the developer of the User Generated Product a perpetual, irrevocable and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, disclose to third parties and commercialize any User Contributions for any purpose.
  • The developer of the User Generated Products and its licensors are intended third-party beneficiaries of the User Generated Product Access Restrictions in these Terms of Use with the right to enforce its provisions independently of HL7 International.

HL7 International does not endorse and has no control over User Generated Products and accepts no responsibility or liability whatsoever in connection with or arising therefrom. User Generated Products created through the Platforms are not necessarily reviewed by HL7 International prior to posting and do not necessarily reflect the opinions or policies of HL7 International. If at any time HL7 International chooses, in its sole discretion, to monitor any User Generated Products on the Platforms, HL7 International nonetheless assumes no responsibility for User Generated Products, no obligation to modify or remove any inappropriate or inaccurate User Generated Products, and no responsibility for the conduct of the user submitting any User Generated Products. HL7 International and affiliates make no warranties, express, implied or statutory, as to the suitability, accuracy or reliability of any User Generated Products. Nonetheless, HL7 International reserves the right to prevent you from submitting User Generated Products and to edit, restrict or remove any User Generated Product for any reason at any time. You agree that HL7 International and affiliates shall have no liability if we prevent, in our sole discretion, your User Generated Product from being submitted, or we edit, restrict or remove it.

Monitoring and Enforcement; Termination

We have the right to:

  1. remove or refuse to post any User Contributions and User Generated Products for any or no reason in our sole discretion;
  2. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; 1.take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platforms;
  3. terminate or suspend your access to all or part of the Platforms for any reason.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platforms.

However, we do not undertake to review all material before it is posted on the Platforms, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Platforms infringe your copyright, you may request removal of those materials from the Platforms by submitting written notification to our Copyright Agent (designated below). In accordance with the U.S. federal Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platforms, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is: Viet Nguyen, viet@hl7.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Platforms is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Content Standards

These content standards apply to any and all User Contributions, User Generated Products and use of Interactive Services. User Contributions and User Generated Products must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions and User Generated Products must not:

  1. contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. infringe, misappropriate or violate any intellectual property rights or other rights of any other person;
  4. promote any illegal activity, or advocate, promote or assist any unlawful act;
  5. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
  6. give the impression that they emanate for or are endorsed by us or any other person or entity, if this is not the case; or
  7. otherwise violate the Prohibited Uses set forth above in these Terms of Use (the "Content Standards").

Reliance on Information Posted and Changes to The Platforms

The information presented on or through the Platforms is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of its contents.

This Platforms include content provided by third parties, including materials provided by other users, AI models, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HL7 International, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HL7 International. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to Third Party Websites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include sponsored links and links to 3rd-party offerings. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The operator of the Platforms is based in the State of Michigan, and the servers on which the Platforms reside and operate are located in the United States. Access to and use of the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. No software may be downloaded or otherwise exported into any countries that are subject to U.S. export/import control restrictions or other national security restrictions.

Disclaimer of Warranties

THE PLATFORMS ARE PROVIDED ON AN "AS IS" BASIS. HL7 International, CONTRACTORS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE CONTENT OF THE PLATFORMS (INCLUDING, WITHOUT LIMITATION, DOWNLOADABLE SOFTWARE, USER CONTRIBUTIONS AND USER GENERATED APPS), SECURITY OF USER CONTENT, MERCHANTABILITY, OWNERSHIP, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. HL7 International, CONTRACTORS, AND AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE PLATFORMS (INCLUDING, WITHOUT LIMITATION, DOWNLOADABLE SOFTWARE, USER CONTRIBUTIONS AND USER GENERATED APPS) OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORMS (INCLUDING, WITHOUT LIMITATION, DOWNLOADABLE SOFTWARE, USER CONTRIBUTIONS AND USER GENERATED APPS) WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT (INCLUDING, WITHOUT LIMITATION, AND DOWNLOADABLE SOFTWARE, USER CONTRIBUTIONS AND USER GENERATED APPS).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HL7 International, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORMS, DOWNLOADABLE SOFTWARE, USER CONTRIBUTIONS, USER GENERATED APPS OR ITEMS OBTAINED THROUGH THE PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You will defend, indemnify and hold harmless HL7 International and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) in connection with your violation of these Terms of Use or your use of the Platforms, including, but not limited to, use of User Generated Products, User Contributions, Downloadable Software, any use of the Platforms' content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platforms.

General Terms

All matters relating to the Platforms and these Terms of Use will be governed by and construed in accordance with the laws of the State of Michigan, excluding conflict of law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE PLATFORMS IS State of Michigan, UNITED STATES. YOU AND HL7 International CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. In the event You are properly using the Platforms in a country outside of the United States and these terms relating to governing law and venue are determined by a court or tribunal of competent jurisdiction to be unenforceable, disputes relating to these Terms of Use shall be resolved pursuant to binding mandatory arbitration utilizing the rules and procedures of the International Centre for Dispute Resolution. The parties agree to utilize virtual hearings to the extent permitted. In the event an in-person hearing or hearings are required, the hearing(s) shall be held in the United States.

These Terms of Use, including our Privacy Policy, constitute entire agreement between you and HL7 International with respect to the Platforms and supersede all prior agreements with respect to the Platforms.

If any provision of these Terms of Use is found to be unlawful or unenforceable in any respect, You agree that the court may reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or deleted, the court shall fully enforce the resulting Terms of Use.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Platforms should be directed to HL7 International. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platforms.