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Medical History Service Terms

Effective March 11, 2025

These Medical History Service Terms (“MH Terms”) govern your use of the Medical History Service, which includes connection to the Commonwell Service, Carequality Service, and the TEFCA Service (each defined in subsection B below).  These MH Terms are incorporated into the Builder Terms of Service (“Builder Terms”), and references to “you”, “your” or “Builder” and “we”, “our” or “Zus” refer to you or us in the same way they do in the Builder Terms.

BY SELECTING THE MEDICAL HISTORY SERVICE IN A BINDING ORDER FORM WITH ZUS, OR BY USING THE MEDICAL HISTORY SERVICE, YOU AGREE TO THESE MH TERMS AND THE COMMONWELL EULA, CAREQUALITY TERMS AND THE TEFCA TERMS OF PARTICIPATION (AS A SUBPARTICIPANT). IF YOU DO NOT AGREE TO THESE MH TERMS, THE COMMONWELL EULA, THE CAREQUALITY TERMS, OR THE TEFCA PARTICIPANT/SUBPARTICIPANT TERMS OF PARTICIPATION, YOU MAY NOT USE THE MEDICAL HISTORY SERVICE.

All capitalized terms used but not defined in the Builder Terms or these MH Terms shall have the meaning set forth in the Commonwell EULA, the Carequality Terms, and the TEFCA Terms.

  1. Definitions
    “Authorized User” means  you, the Builder, which is using the Medical History Service.“Carequality Service” means the Carequality interoperability framework and technical services that enable nationwide health data exchange.“Commonwell” means the “Commonwell Health Alliance”, which is referred to as the “Alliance” in the Commonwell EULA.“Commonwell Service” means the interoperability and Patient Data exchange services made available by the Commonwell Service Provider.“Medical History Service” or “MH Service” means the API made available by Zus to provide medical history Patient Data for your Patients from one or more Zus Network Partners.

    “Network Partner” means, in the case of the MH Service, Commonwell, Carequality, and TEFCA.

    “Service Provider” means the technology service provider contracted by Commonwell to provide the Commonwell Service.

    “TEFCA Service” means the TEFCA interoperability framework and technical services that enable nationwide health data exchange.

  2. Service Terms
    1. Use of the MH Service. The MH Service is one of the Builder Services available through the Zus Platform and delivered by Zus pursuant to the Builder Terms. Your use of the MH Service is subject to all applicable terms and conditions of the Builder Terms.
    2. Fees. Your use of the MH Service is conditioned upon payment of fees identified in the applicable Order Form you accepted or executed with Zus.
    3. Incorporation of the Network Partner EULAs. By accepting these MH Terms and using the MH Service, you acknowledge and agree that you are also using the Commonwell Service, the Carequality Service, and the TEFCA Service, and that you consent to send Patient Data to, and receive Patient Data from, all Network Partners operating these services.
      1. Commonwell EULA. By accepting these MH Terms and using the MH Service, you agree to be bound by the terms and conditions contained in the Commonwell Health Alliance End User License Agreement (“Commonwell EULA”) available on the Commonwell website as may be updated from time to time by Commonwell. Please be aware that the Commonwell EULA is a legally binding agreement between you as an Authorized User and Commonwell Health Alliance, and its Service Provider as a third-party beneficiary of the EULA. Any misuse, unauthorized use, or violation of the Commonwell EULA by Builder, its Users or representatives will constitute a material breach.
      2. Carequality Terms. By accepting these MH Terms and using the MH Service, you also agree to be bound by the terms contained in the Carequality Connection Terms (“Carequality Terms”) available on the Carequality website as may be updated from time to time by Carequality. Please be aware that the Carequality Terms are a legally binding agreement between you as an Authorized User and Carequality. Any misuse, unauthorized use, or violation of the Carequality Terms by Builder, its Users, or representatives will constitute a material breach.
      3. TEFCA Terms. In accordance with the Introduction of the Participant/Subparticipant Terms of Participation (“TEFCA Terms”) available on the Sequoia Project’s TEFCA website as may be updated from time to time:Zus Health, Inc. (“Upstream QPS”) participates in TEFCA by providing technical and/or governance services to its Subparticipants to facilitate their ability to engage in TEFCA Exchange consistent with all applicable legal and contractual requirements. Upstream QPS is a Participant of Kno2 LLC’s QHIN.  Builder wishes to become a Subparticipant, as applicable, of Upstream QPS so that Builder may participate in TEFCA Exchange.By accepting these MH Terms and using the MH Service, you also agree to be legally bound by the TEFCA Terms.  Any misuse, unauthorized use, or violation of the TEFCA Terms by Builder, its Users or representatives will constitute a material breach.
    4. Relationship with Zus Builder Terms. These MH Terms, including the Commonwell EULA, the Carequality Terms, and the TEFCA Terms, are incorporated in and are subordinate to, the Builder Terms. In the event of any conflicting terms or provisions, the Zus Builder Terms of Service and Zus Policies take precedence.

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