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By using EchoVantage Application Programming Interfaces (‘EchoVantage APIs’), you agree to the terms of use noted below. Echo reserves the right to update and/or modify these terms from time to time at Echo’s discretion. These Terms of Use are effective November 15, 2022.
By accessing or using the EchoVantage Certified API Technology or any applications (including mobile applications) made available by Echo Consulting Services, Inc. as a Certified API Developer (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Echo Consulting Services, Inc. and these Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
Grant of an ECHO API License is subject to user’s compliance with this Agreement; Echo grants the API User a limited, non-exclusive, non-transferable, revocable, and non-sublicensable license to use the Echo API as necessary to (1) develop, test, and support any software application, website, or product, and (2) integrate the Echo APIs with the Developer Application for the ECHO API Information Source client.
API Information Source means an organization that deploys certified API technology created by a “Certified API Developer;”
API User means a person or entity that creates or uses software applications that interact with the “certified API technology” developed by a “Certified API Developer” and deployed by an “API Information Source;”
Certified API Developer means a health IT developer that creates the “certified API technology” that is certified to any of the certification criteria adopted in § 170.315(g)(7) through (10); and
Certified API technology means the capabilities of Health IT Modules that are certified to the API-focused certification criteria adopted in § 170.315(g)(7) through (10).
There are No Fees for API access in 2022.
Echo provides the ECHO API for your use, and you decide how to use them to interoperate with EchoVantage to provide your products and services to Echo API Information Source end users. It is your responsibility to make sure your products and services are behaving appropriately. Accordingly, as between you as Developer and Echo, you are solely responsible for your products and services, including how they interact with EchoVantage and for all liability and consequences (e.g., Claims by or on behalf of patients or related to patient harm; data corruption; mapping or saving data to patient records incorrectly; fraudulent or other unethical conduct, such as inappropriately prescribing narcotics or zeroing out a balance due; degraded system response time, performance, and availability; privacy breaches; and security vulnerabilities) that arise from or relate to the use of or inability to use your products or services, or that arise from or relate to data made available to or from your products or services or direct or indirect use of that data. You are also responsible for complying with all applicable laws, including not infringing on Echo’s or others’ intellectual property rights.
Direct access to Echo’s software is not needed to develop, test, deploy, or support your product or service. You can test your product or service through a sandbox or by working with a particular Echo API Information Source. Direct access to EchoVantage can be granted only with approval from both an Echo Client Agency and Echo. All requests for client data require authentication.
Reliance on API. EchoVantage is always evolving and Echo maintains the right to occasionally make changes to our APIs, including backward incompatible ones.
Applicable laws or agreements. You may not use the ECHO API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this API Terms of Use or any other Echo agreements to which you are subject.
Scope of Acceptable Use. You may not use the ECHO API or any other technology in a manner that accesses or uses any information beyond what Echo allows under this API Terms of Use or the Documentation; that changes the Echo Service; that breaks or circumvents any of Echo’s technical, administrative, process or security measures; that disrupts or degrades the performance of the Echo Service or the ECHO API; or that tests the vulnerability of Echo’s systems or networks.
Malware. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data.
Reverse engineering. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the ECHO API or portion thereof;
Functionality. You may not use the ECHO API to replicate or compete with core products or services offered by Echo. You acknowledge and agree that Echo has or may in the future develop and offer products or services that are similar to your Application, and nothing will prevent Echo from doing so;
Commercial Use. You may charge for your Application. However, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to the ECHO API.
Duration of Terms. This API Terms of Use will go into effect on the date upon which you agree to them, by accessing or using the ECHO API, and will continue until terminated as set forth herein.
Your Right to Terminate. You may terminate this API Terms of Use by discontinuing use of our APIs and the Echo Service.
Suspension; Termination. We may change, suspend or discontinue the ECHO API and suspend or terminate your use of the ECHO API and/or the Echo Service, at any time and for any reason, without notice. Without limiting the foregoing, we may limit your Application’s access to the ECHO API if it, in our sole discretion, may negatively affect our Service or our ability to provide our Service.
Effect of Termination. Upon termination of this API Terms of Use:
NO WARRANTIES. THE ECHO API AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND ECHO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ECHO DOES NOT WARRANT THAT THE ECHO API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ECHO API, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM ECHO OR THROUGH THE DEVELOPER SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS API TERMS OF USE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL ECHO BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TERMS OF USE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERM OF USE. IF STATE LIMITATIONS PRECLUDE ANY OF THE LIABILITY PROVISIONS, ECHO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnity. You agree to defend, hold harmless and indemnify Echo Consulting Services, Inc., and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Application, Echo API or Data, use of Echo’s Brand, or violation of this API TERMS OF USE, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.