Developer Acceptable Use Policy

  1. PURPOSE
    The purpose of this Developer Acceptable Use Policy (“Policy”) is to describe actions that Prime DataQ Health, LLC, (“DataQ”, “we”, “our”) prohibits when any person uses the Developer Services (including the DataQ Platform). This Policy applies to all Developer Services and to all Developers who use the Developer Services (including Users of the DataQ Platform, whether they use the DataQ Platform directly or indirectly through a Developer’s Application).This Policy is incorporated into the Developer Terms of Service and may be updated or amended from time to time in accordance with provisions of the Developer Terms of Service We may modify this Policy by posting a revised version or in accordance with provisions of the Developer Terms. By using the Developer Services or accessing the DataQ Platform, you agree to the latest version of this Policy.
  2. POLICY
    1. DEFINITIONS
      1. In this Policy, the terms “you”, “your”, or “Developer” refer to you in your individual capacity if you are a user of the Developer Services or an Application User, or refer to the legal entity associated with a Developer’s
      2. Capitalized Capitalized terms used but not defined in this Policy or the Developer Terms of Service will have the meanings set forth in HIPAA or other Applicable Law.
    2. COMPLIANCE
      1. You are responsible for using the Developer Services in compliance with all Applicable Law, the Developer Terms of Service, the DataQ BAA, and this Policy.
      2. Authorized You may only use the Developer Services for Authorized Activities (such as HIPAA Activities) as defined in the DataQ Privacy Policy.
      3. Permitted You may only use the Developer Services to access Patient Data if you have a relationship with the Patient which satisfies the Permitted Access Requirements described in the DataQ Privacy Policy.
      4. Minimum You may only use or access Patient Data through the Developer Services to the minimum extent necessary to perform the Authorized Activities consistent with the Minimum Necessary Standard described in 45 CFR 164.502(b) and 164.514(d).
    3. PROHIBITED CONTENT OR ACTIVITIES
      1. Prohibited You may not use the Developer Services to upload, transmit, host or execute or store any of the following content or communications that is:
        1. False, inaccurate, or intentionally deceptive, including content which is likely to adversely affect the public interest (such as public health or safety);
        2. Intellectual property infringement, including content that infringes a third-party’s proprietary or intellectual property rights (e.g., patent, copyright, trademark, trade secret, right of publicity) according to Applicable Law;
        3. Libelous, defamatory, fraudulent, or inappropriate, including content which is sexually obscene, discriminatory, or abusive to any individual or group or which promotes or glorifies violence; or
        4. Unlawful or illegal, including content which is or includes computer hacking, malware, phishing, illegal export of controlled substances or illegal software, or which contains any material, products or services that violate or encourage conduct that would violate, any criminal laws, any other Applicable Laws, or any third-party rights
      2. Prohibited You may not use the Developer Services to:
        1. Falsify your identity or origin, including creating a false identity or attempting to mislead others as to the identity of the sender or the origin of any data or communications;
        2. Interfere with or otherwise negatively impact DataQ or others, including any aspect of the Developer Services or any third-party networks that are accessible through the Developer Services;
        3. Reverse engineer, including copying, disassembling, or decompiling the Developer Services, or reformatting or framing any portion of the web pages or content that are part of the Developer Services in a manner inconsistent with our Documentation;
        4. Bypass security or system limits, including finding, exploiting or attempting to bypass and security mechanisms or filtering capabilities;
        5. Transmit harmful code, including files, scripts, agents or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to the Developer Services;
        6. Attempt to gain unauthorized access, including the Developer Services or another connected information systems or applications;
        7. Disable the services, including any denial of service (DoS) attack on the Developer Services or any other conduct that attempts to disrupt, disable or overload the system; or
        8. Removing proprietary rights notices, including copyright, trademark or other proprietary rights notices contained in the content or materials accessed through the Developer
    4. INVESTIGATION, ENFORCEMENT AND REPORTING
      1. We may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates this Policy. You agree to cooperate with us to remedy any violation.
      2. Without affecting any other remedies available to us, DataQ may permanently or temporarily terminate or suspend your account or access to the Developer Services without notice or liability if DataQ (in its sole discretion) determines that you have violated this Policy.
      3. To report any violation of this Policy, please contact us immediately.
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