Effective January 24, 2022
These Medical History Service Terms (“MH Terms”) govern your use of the Medical History Service, which includes connection to the Commonwell Service and Carequality Service (defined below). These MH Terms are incorporated into the 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 AND CAREQUALITY TERMS, EACH DEFINED IN SECTION B BELOW. IF YOU DO NOT AGREE TO THESE MH TERMS, THE COMMONWELL EULA AND THE CAREQUALITY TERMS, 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.
“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, and includes use of the Carequality Service.
“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 and Carequality.
“Service Provider” means the technology service provider contracted by Commonwell to provide the Commonwell Service.
B. Service Terms
- 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.
- 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.
- Incorporation of the Network Partner EULAs.
a. Participation in Commonwell & Carequality Networks. By accepting these MH Terms and using the MH Service, you acknowledge and agree that you are also using the Commonwell Service and the Carequality Service, and that you consent to send Patient Data to, and receive Patient Data from, both Network Partners operating these services.b. 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 Licence Agreement (“Commonwell EULA”) available on the Commonwell website. 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 is a third-party beneficiary of the EULA.
c. 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. Please be aware that the Carequality Terms are a legally binding agreement, and are incorporated into your agreement with Commonwell through the Commonwell EULA.
d. Relationship with Zus Builder Terms. These MH Terms, including the Commonwell EULA and Carequality Terms which are incorporated, are subordinate to the Zus Builder Terms of Service. In the event of any conflicting terms or provisions, the Zus Builder Terms of Service and Zus Policies take precedence.