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Acceptable Use Policy

Last Updated August 7, 2023

  1. PURPOSE
    The purpose of this Acceptable Use Policy (“Policy”) is to describe actions that Zus prohibits when any person uses the Builder Services (including the Zus Platform). This Policy applies to all Builder Services and to all Builders who use the Builder Services (including Users of the Zus Platform, whether they use the Zus Platform directly or indirectly through a Builder’s Application). 

    This Policy is incorporated into the Builder Terms of Service and may be updated or amended from time to time in accordance with provisions of the Builder Terms of Service. We may modify this Policy by posting a revised version on the AWS Site. By using the Services or accessing the AWS Site, you agree to the latest version of this Policy.

  2. POLICY
    1. DEFINITIONS
      1. References to “You”. In this Policy, the terms “you”, “your” or “Builder” refer to you in your individual capacity if you are a user of the Builder Services or an Application User, or refer to the legal entity associated with a Builder’s account.
      2. Capitalized Terms. Capitalized terms used but not defined in this Policy or the Builder Terms of Service will have the meanings set forth in HIPAA or other Applicable Law.
    2. COMPLIANCE
      1. General. You are responsible for using the Builder Services in compliance with all Applicable Law, the Builder Terms of Service, the Zus BAA, and this Policy.
      2. Authorized Activities. You may only use the Builder Services for Authorized Activities (such as HIPAA Activities or Consumer Health Activities) as defined in the Zus Privacy Policy.
      3. Permitted Access. You may only use the Builder Services to access Patient Data if you have a relationship with the Patient which satisfies the Permitted Access Requirements described in the Zus Privacy Policy.
      4. Minimum Necessary. You may only use or access Patient Data through the Builder 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 Content. You may not use the Builder 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 Activities. You may not use the Builder 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 Zus or others, including any aspect of the Builder Services or any third-party networks that are accessible through the Builder Services;
        3. Reverse engineer, including copying, disassembling, or decompiling the Builder Services, or reformatting or framing any portion of the web pages or content that are part of the Builder 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 Builder Services;
        6. Attempt to gain unauthorized access, including the Builder Services or another connected information systems or applications;
        7. Disable the services, including any denial of service (DoS) attack on the Builder 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 Builder Services.
    4. INVESTIGATION, ENFORCEMENT AND REPORTING
      1. Investigation. 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. Enforcement. Without affecting any other remedies available to us, Zus may permanently or temporarily terminate or suspend your account or access to the Builder Services without notice or liability if Zus (in its sole discretion) determines that you have violated this Policy.
      3. Reporting. To report any violation of this Policy, please email legal@zushealth.com.