HIMS FHIR documentation version 1.0
These terms of use (“Terms”) govern your use of Health Information Management Systems (“HiMS”) Application Programming Interface (“API”) to integrate with or connect to HiMS’s cloud-based electronic health record. By using the API, you expressly agree to comply with the Terms and you represent that you have the right, authority, and capacity to enter into these Terms. We reserve the right to update and change these Terms from time to time without notice.
Subject to these Terms, HiMS grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access and use API and HiMS-owned content and documentation made available to you on or through the API in connection with the integration of your products and/or services with HiMS. HiMS may monitor your use of the API and use such information to improve the API and our services and to ensure your compliance with these Terms. All rights not expressly granted in the terms are reserved by HiMS and our licensors.
You agree that in accessing or using the API you will not:
You must create an account to access and use the API. You must complete the registration process by providing current, complete, and accurate information when prompted. If any information changes, you agree you will promptly update your account information to reflect those changes. You will be issued one or more unique passwords, security codes, or tokens (each a “Key”). Access to the Key shall be limited to you and your employees, if any, that require access to the API for the purposes of conducting the testing of the API, and that have signed an agreement with you with terms governing confidentiality of the Keys no less stringent than those set forth herein. You may not sell, transfer, sublicense, or otherwise disclose your account or Keys to any other party. You are responsible for maintaining the confidentiality of your account and Keys. You are responsible for all activities that occur using your account and Keys, regardless of whether such activities are undertaken by you or a third party.
You may not use the HiMS logos, trade names, trademarks, and service marks without our prior written permission.
HiMS owns all right, title, and interest in and to the API and HiMS trademarks, and all related intellectual property rights. All rights not expressly granted to you in these Terms are expressly reserved for HiMS. HiMS has the unrestricted and permanent right to use and implement all ideas, advice, recommendations, or proposals you make to HiMS in connection with your use of the API in any manner and in any media, and shall own any and all implementations thereof.
In the event that you have an agreement with HiMS relating to your access to and use of the API, no fees are required for the use and access of the API.
HiMS may change, suspend, or discontinue the API and suspend or terminate your use of the API, including any license granted hereunder, at any time for any reason, with or without notice. You may also terminate upon written notice to us. Upon termination for any reason, you will:
The provision of this Section 6 shall not apply to the extent prohibited by Applicable Law (as defined below), including, without limitation, the 21st Century Cures Act.
You may be given access to certain non-public information, data, software, technology, programming, and specifications relating to the API, including information belonging to clients of HiMS or other third parties to which HiMS owes a duty of confidentiality (“Confidential Information”), which is confidential and proprietary to HiMS. You may use this Confidential Information only as necessary in exercising your rights granted in these Terms. You may not disclose any of this Confidential Information to any third party without HiMS’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
You agree that your access to and use of the API will comply with all federal, state, and local laws and regulations, including, without limitation, those relating to kickbacks, fraud and abuse, confidentiality (including the Health Insurance Portability and Accountability Act of 1996, and associated regulations) (collectively, “Applicable Law”).
You agree to indemnify, defend, and hold harmless HiMS and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and partners from and against any and all claims, suits, proceedings, damages, liabilities, losses, costs, and expenses (including, but not limited to, reasonable attorney’s fees) (all of the foregoing, collectively, “Claims”) to the extent that such Claims relate to or arise out of (a) your use of the API in violation of these Terms or (b) your use of the API of any Applicable Law.
ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER IN FACT, BY OPERATION OF LAW, STATUTORY, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED IN THEIR ENTIRETY. YOUR USE OF THE API IS AT YOUR SOLE RISK. THE API IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM:
UNDER NO CIRCUMSTANCES WILL HiMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT: