Terms of Service

Last updated November 9, 2022
Greenway Health, LLC (“Greenway”, “We”, “Our” or “Us”) operates and hosts the Greenway Health’s FHIR API, (the “FHIR API”) the Greenway Health Developer Platform, the Greenway Health Application Gallery (“App Gallery”) and related websites and services (together the “Services”). The purpose of the Services is to provide You with the ability to access specifications, requirements, and information related to development or integration of applications intended for use in conjunction with Greenway’s products, and provide secure access to data stored in Greenway’s products.

Your use of the Services is governed by these Terms of Service (“Terms”). By using the Services, you agree to comply with these Terms and that you have the right and authority to enter into them. These Terms may be changed from time to time and without further notice. Your continued use of the Services after any such changes constitutes Your acceptance of the new Terms. If You do not agree to these Terms, or updates to these Terms, You will be unable to use the Services.

No waiver by Greenway of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Greenway to assert a right or provision under these Terms shall not constitute a waiver of such a right or provision.

If any provision of these Terms be found invalid or unenforceable for any reason or by any applicable law, including, but not limited to, the 21st Century Cures Act, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions of these Terms.
These Terms apply exclusively to Your access and use of the Services, and do not alter the terms or conditions of any other agreement you may have with Greenway.

1. Using the Services

The information presented on or through the Services is made available to You solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We are not responsible for the accuracy of any of the information provided by any Data Source.

We hereby grant to You a personal, revocable, non-exclusive, and non-assignable license to use the Services, and all rights that may be reasonably necessary to access, use and develop products and services for use with Greenway products.

We also grant You any reasonably necessary rights to market, offer, and distribute Your products and services created with use of the Services.

We and Our licensors and suppliers own all proprietary rights to the Services, including but not limited to all copyrights, trademarks, servicemarks, trade names, domain names, logos and any other rights of a similar nature as they relate to the Services. Nothing contained in these Terms shall give You the right to use Greenway’s marks without Our prior written consent.

We may revise the Services from time to time by adding, removing, or modifying features or information. Any changes that We make will be considered part of the Services.
We may ask for Your ideas and suggestions ("Feedback") about the Services. You do not have to give Us Feedback, but if You do, You agree that We may use Your Feedback in any way, including to make changes to the Service and for advertising purposes.

We make every effort to ensure the accuracy and integrity of information or material that We produce or provide through the Services, but We disclaim any warranty for misprints, out-of-date information, technical or pricing inaccuracies, typographical, or other errors. Information and related materials are subject to change without notice. Any educational or other content available on the Developer Platform is for informational and educational purposes only and is not a substitute for the professional judgment of a web application developer. Your reliance upon any information You obtain or use is solely at Your own risk. We are not responsible for the accuracy of any information or content provided or sent by You or other users of the Services. You are responsible for verifying the accuracy of any information You send, receive, or use through the Services.

We make no warranty concerning the quality, accuracy or completeness of the information provided through the Services, or functionality of any application You create; and You agree that We have no responsibility or liability for any costs You incur as a result of using the Services.

By using the Services, You agree that You are at least thirteen (13) years old and that any information You provide to, or access through the Services is either Yours or You have the authority to use it. You may not use the Services to gain unauthorized access to anyone else's information.

While access to API documentation on the Developer Platform is open to the public, You are required register Personal Information and authenticate with a user name and password to the Developer Platform to publish applications that access the FHIR API. If You give Your user name and/or password to anyone else that person could be able to view or access Your Personal Information. "Personal Information" is any information provided to the Developer Platform that either by itself or with other information personally identifies You. Your Personal Information would include information such as Your name, address, email address, phone number, or employment information including information considered “personally identifiable information” under applicable laws, rules or regulations. More information on registration is available at developers.greenwayheath.com

You will use reasonable efforts to protect user information collected by apps You build that use the Services, including personally identifiable information (“PII”), from unauthorized access or use.

You will comply with all Applicable Laws, including without limitation all privacy laws and regulations, including those applying to PII and/or Protected Health Information (“PHI”).

Greenway may monitor use of Your products and services that use the Services to the extent allowed by applicable law. This may include Us accessing your application in order to perform security review.

You will be responsible for providing all support to end users purchasing or using the applications you build using the Services, as well as all documentation, upgrades, and bug fixes for Your applications. If, after reasonable efforts, you are unable to resolve an end user issue, you may contact Us regarding such issue (this may be subject to Fees as outlined below).

2. Application Gallery

The Application Gallery (App Gallery) is an application catalog that enables users to browse, search, discover, and launch apps published on the Developer Platform.

When an application is published on the Developer Platform, it becomes visible in the App Gallery, available on the internet, and also as part of Greenway’s patient-facing products. Depending on the type of application and its intended audience, which You define when registering an application on the Developer Platform prior to publishing, a published application could appear in the App Gallery and/or within one or more of Our products. Depending on the type of user credential You used to authenticate to the Developer Platform the published app may be made visible and accessible in Your gallery, and potentially could be made visible and accessible to other users. You assume all responsibility and liability for the use of any applications, whether developed by You or by others, in your computing system.

You agree that any application You submit for publication will not contain any offensive material, misrepresentations, or violate any applicable federal, state, or local laws or regulations, including, but not limited to the Digital Millennium Copyright Act. We reserve the right to deny publication of, or remove an already published application from the App Gallery that is in violation of these Terms.

3. Fees

We may charge a fee for your use of the Services and/or for support related to your use of the Services. These fees will be listed at https://developers.greenwayhealth.com/developer-platform/page/fees.

4. Your Personal Information

Your privacy is important to Us. You will need to provide a User ID and password (Your “Credentials”) to access and use the Services. The Developer Platform will store Your personal information. We provide the Service to You and we comply with all privacy laws as noted in the Greenway Developer Platform Privacy Notice. To the extent permissible under all applicable laws and regulations, You hereby grant to Us a perpetual, unlimited license to use Your Personal Information, in a de-identified format stripped of identifiers only, for data benchmarking, sharing, warehousing, resource utilization and similar data analytics products or services. You are solely responsible for maintaining the strict confidentiality of Your Credentials. This responsibility includes not allowing another person to use Your Credentials to access the Service. You should immediately inform Us of any need to deactivate Your account due to potential or actual security concerns. We will not be responsible or held liable for: any harm related to the misuse or misappropriation of Your Credentials; Your disclosure of Your Credentials to another person; or Your allowing any person or entity other than Yourself to access the Service using Your Credentials.

5. Third Party Services; Sites

While You use the Developer Platform, You may find out about or have the opportunity to utilize services or products provided by other companies that are not related to Us ("Third Party Services"). If You decide to use Third Party Services, You are responsible for reviewing and understanding any terms and conditions governing such Third Party Services. You agree that the company providing the Third Party Services, and not Us, is solely responsible for the Third Party Services. The Developer Platform may contain links to web sites operated by other companies ("Third Party Sites"). We do not control Third Party Sites and We are not responsible for the content of, or any links contained in, any Third Party Site. We do not review, approve, monitor, or make any representations with respect to Third Party Sites. If We include any link in the Services it does not mean that there is an affiliation, sponsorship, endorsement, approval, investigation, verification of anything in any Third Party Site. We will not be responsible for the information contained in any Third Party Site, or for Your use of or inability to use such web site. Access to any Third Party Site is at Your own risk, and You acknowledge and understand that Third Party Sites may contain terms and privacy policies that are different from this Agreement. We are not responsible for such provisions, and expressly disclaim any liability for them.

6. Electronic Communication

When You use the Developer Platform and send communications, You are communicating with Us electronically. You agree that We may communicate with You electronically. We will communicate with You through email, or by posting notices through the Developer Platform. Any information that We send You by e-mail will be considered received by You on the date We send the e-mail. If Your e-mail address changes during Your continued use of the Developer Platform You agree to promptly update your email address in your account settings. You must register to use the Developer Platform and (i) provide true, accurate, current and complete information about Yourself (the "Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it accurate, current and complete. If You provide any Registration Data that is inaccurate, not current or incomplete, or We suspect that it is inaccurate, not current or incomplete, We may suspend or terminate Your account and refuse any and all current or future access to and use of the Developer Platform (or any portion thereof).

7. Prohibited Conduct

You may only use the Services for lawful purposes. In Your access and use of the Services, You agree that You will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Our or any third party; (ii) abuse, defame, harass, or stalk any individual or other user of the Services; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Services or the proper working of the Services; (iv) use any technical or manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services; (v) misrepresent Your identity, provide false information, impersonate another person or entity, misrepresent Your affiliation with a person or entity or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Services; (vii) engage, directly or indirectly, in transmission of any type of unsolicited solicitation; (viii) engage in any activity that interferes with any third party’s ability to use or enjoy the Services; (ix) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Service; (x) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (xi) assist any third party in engaging in any activity prohibited by these Terms of Use; or (xii) use the Services in any way that violates any applicable federal, state or local law or regulation.

8. Privacy

The Privacy Policy for the Developer Platform is hereby incorporated and made a part of these Terms.

9. Termination

We may stop making the Services (including any feature) available at any time and for any reason. If the Services are no longer available to users and You have been paying a fee, You will not be charged a fee after the date of termination, and You will no longer have access to Your Services account. We may terminate Your access to the Services if You do not act in accordance with these Terms.

Greenway may terminate, change, suspend, or discontinue any aspect of the Services, including the availability of any features, at any time.

Greenway may remove, modify, or otherwise change any content, including that of third parties, on or from the Services. Greenway may impose limits on certain features and services or suspend your access to parts or the entire Services, without liability, if We reasonably believe You have violated these Terms, and We will provide you notice of such action within 48-hours detailing the violation. Greenway may terminate Your use of the Services at any time in its sole discretion.

10. Warranty Exclusion

THE SERVICES AND ANY CONTENT ACCESSIBLE THROUGH THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND USE OF THE SERVICES ARE AT YOUR SOLE RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, LICENSORS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DEALERS AND SUPPLIERS (COLLECTIVELY "SUPPLIERS"), TOGETHER WITH YOUR PROVIDER, DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SERVICE, CONTENT AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON- INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS. FURTHER, WE DO NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICES OR CONTENT OR DATA THROUGH THE SERVICES. WE DO NOT MAKE ANY WARRANTY THAT THESE SERVICES OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THESE SERVICES OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, DATA, AND/ OR SOFTWARE. YOU ACKNOWLEDGE THAT WE DO NOT CONTROL INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICES.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS OR YOUR PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATIONS FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, YOUR INABILITY TO USE THE SERVICES FOR ANY REASON WHATSOEVER, LOSS OF PROFITS OR INVESTMENT, GOODWILL, ANY OTHER MATTER RELATING TO THE SERVICES, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DO WE ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES. OUR ENTIRE CUMULATIVE LIABILITY, AND THAT OF OUR SUPPLIERS, FOR ALL MATTERS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICES WITHOUT SUCH LIMITATIONS.

12. Indemnification

You agree to defend, indemnify, and hold harmless Greenway and its employees, directors, officers, subcontractors, agents or other members of its workforce from and against any cause of action, liability, loss, cost, or expense of any kind arising from Your breach of these Terms, or arising from any negligent or wrongful acts or omissions. You agree to reimburse Greenway for any costs, including legal fees, incurred by Greenway as a result of Your breach of these Terms.

13. Modifications

We may modify this Agreement from time to time. You are deemed to accept and agree to be bound by any changes to the Agreement when You use the Developer Platform after those changes are posted.

14. General

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of Florida. This Agreement constitutes the entire agreement between You and Us governing Your use of the Services. Should any provision in this Agreement be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or Your use of the Service must be filed within one year after it arose or be permanently barred.