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You hereby acknowledge that this agreement is between you and Medical Informatics Engineering (MIE).
We may modify or update the WebChart® API from time to time. We will try to ensure, as far as possible, that future version(s) of the WebChart® API are backwards compatible with at least the most recent previous version, but cannot guarantee that this will always be possible. You should adapt your app to use the most up-to-date version of the WebChart® API promptly following release by MIE.
Remember, it’s not your content. It’s not even MIE’s content. All audio, text, images, comments and other data or information associated with user accounts on the WebChart® platform (“User Content”) is owned by the WebChart® user that created or uploaded it (the “Uploader”), and you must respect their rights at all times. Misuse of User Content may constitute copyright or HIPAA infringement and result in action being taken against you by the Uploader or other copyright owner.
MIE does not grant you any rights in User Content, and you must not claim or attempt to claim ownership of any User Content, misrepresent yourself, your company or your app as being the source of the User Content, or attempt to use, license or exploit any User Content on your own behalf or on behalf of any third party (other than the Uploader and with their express permission). When displaying or distributing User Content via your app, you must ensure that such User Content is always correctly attributed to the Uploader – see the Attribution and Branding section below for our rules on attribution.
You must always respect the usage restrictions set by Uploaders, and in particular, you must not do any of the following things (or authorise or allow others to do them):
- access, distribute, make available or use any User Content for which API access has not been enabled by the Uploader, or any User Content that has not been made publicly available by the Uploader, (other than User Content residing in an account to which your app has authenticated access);
- modify any User Content (including adaptation, editing, excerpting, or creating derivative works) unless the Uploader has specifically and expressly indicated his/her consent to that modification (for example, by selecting a Creative Commons licence that permits creation and distribution of derivative works).
- attempt to circumvent any time or territorial restrictions set by the Uploader with respect to any User Content. You must not use the WebChart® API to rip or capture any User Content from any part of the WebChart® platform, or use the WebChart® API to circumvent any usage restrictions or content protection measures imposed by any Uploader with respect to User Content on the WebChart® platform.
When it comes to user data and privacy, we believe that all users have a right to know what data is collected about them and how this data will be used. We expect anyone using our API to be equally transparent with respect to their collection and use of user data, including data shared by WebChart® users.
If you are located outside of the European Economic Area, you must specifically disclose this fact to the user and make it clear to the user that by using your app, the user will be initiating and/or requesting and/or consenting to the transfer of Personal Data to a country that may offer a lesser level of protection of the rights and freedoms of data subjects in relation to the processing of Personal Data.
You must not request access to more Personal Data than you actually need for the effective operation of your app, and must not retain Personal Data for longer than is reasonably necessary. Make sure you look after the Personal Data you receive from users, ensuring that the data is stored securely and is safe from unauthorised disclosure or loss.
Where your app allows users to create User Content, you need to take all reasonable steps to ensure that any such User Content is created and uploaded in accordance with the User Terms.
Your app must not include file-save functionality, or otherwise designed to cache, download or persistently store any User Content. Your app may employ session-based caching, but only to the extent reasonably necessary for the operation of your app during that session, and any cached content must cease to be available, accessible or playable within your app at the end of that session. If any Uploader changes their settings with respect to any item of User Content (for example, by removing that item of User Content from the platform, or by disabling API access), you must ensure that your app reflects and respects such changes as soon as reasonably possible. Except for session-based caching referred to above, your app must not offer offline access to any User Content including, in the case of audio User Content, as permanent downloads or temporary downloads for offline listening, regardless of whether Uploaders have set that User Content as allowed to be downloaded on the WebChart® platform.
Unless otherwise permitted by applicable law and/or agreed with the relevant user, when a user revokes access to their WebChart® account, you must ensure that all Personal Data and User Content pertaining to that user is deleted from your app, networks, systems and servers as soon as reasonably possible. If you stop using the WebChart® API altogether or if your API access is revoked, you’ll need to delete all User Content and Personal Data in the same way.
Only the following commercial uses are acceptable:
- the sale of an app, the primary purpose of which is the creation of User Content and the sharing of that content by the creator in accordance with the User Terms;
- the use of the WebChart® API to deliver User Content to the Uploader’s own ad-enabled website, blog or social media profile;
- services aimed at helping a user to promote his/her User Content via authenticated access to the user’s account, provided this does not constitute a breach of the User Terms; and
- other cases that MIE may approve on a case by case basis (email us at firstname.lastname@example.org you have an additional commercial use that you’d like us to consider).
The following commercial uses are not acceptable (this is not an exhaustive list):
- any in-app purchases which allow access to content or features already available via the WebChart® platform;
- any app that features any advertising, sponsorship or promotion around User Content or enables User Content (other than a user’s own User Content) or WebChart® functionality to be embedded into the third party commercial services. The only exception to this would be an app that allows an Uploader to connect his/her WebChart® account in order to make his/her own User Content available in a commercial context (for example, an app that allows an Uploader to deliver his/her User Content to an online retail store, or to his/her own ad-supported website, blog or social media profile). Notwithstanding the above, MIE shall have the sole right to determine whether or not an app is acceptable, and we reserve the right to revoke API access for any app that we determine is not providing added benefit to WebChart® users and/or is not in the best interests of MIE or our users.
Access to the WebChart® API is currently provided free of charge, but MIE reserves the right to charge at some point in the future. We’ll let you know in advance if we intend to start charging.
We reserve the right, at our discretion, to impose restrictions and limitations on the number and frequency of calls made by your app to the WebChart® API. You must not attempt to circumvent any restrictions or limitations that we impose. Presently, API calls are limited to 15,000 per app per day.
Generally, you must not use any MIE Marks in any advertising, promotional or marketing materials for your app. However, you may use the name “WebChart®” in a written description of your app in order to describe the fact that your app connects to WebChart® via the WebChart® API but not in the name of your app. If you do this, you must make sure that “MIE” always appears either in uppercase (“WebChart®”), or in lower case with the “W” and the “C” capitalized (“WebChart®”), and the first time that the name appears in any piece of text, it should be followed by a superscript “®” indicating a registered trade mark (i.e. “WebChart®”). You must not use the name in any way that takes unfair advantage of our goodwill or reputation in the MIE Marks, and you must not make any suggestion, directly or indirectly, that your app is an official WebChart®app or is endorsed by MIE in any way.
You must not operate your app from any domain that includes the word “WebChart” or any obvious derivation or misspelling of the word “WebChart”, or from any domain that is likely to cause an end user to believe that your app originates from, or is endorsed by MIE.
If we amend or update any of the MIE Marks or any of the Resources mentioned above, we reserve the right to require you to use the updated versions, and you shall commence using those updated versions in place of the previous versions promptly following any notification from us to that effect (and in the case of software Applications, with effect from your next version release).
You must not issue any press release or similar public announcement regarding your app that makes any reference to MIE or WebChart®(except as permitted in the “Promoting Your App” section above) without our prior written consent.
If we choose to feature your app in our App Gallery (which we don’t guarantee to do), you agree that we may use the name of your company and/or the name and logo of your app for this purpose. We may also use your company and app name and logo in presentations, reports, case studies, marketing materials and similar documentation for as long as you make use of the WebChart® API.
There are a few general rules when it comes to use of the WebChart® API:
- You must not, and must not attempt to, collect and store the names, usernames, email addresses, or other credentials of WebChart® users through your use of the WebChart® API, except to the extent necessary for the proper functioning of your app.
- You must not, and must not attempt to, sell any User Content without the explicit permission of the relevant Uploader, or any Personal Data under any circumstances.
- You must not attempt to resell any service delivered via the WebChart® platform or any part of any such service.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any data from the WebChart® platform, other than User Content and Personal Data that is legitimately accessible to you via the WebChart® API.
- You must not use the WebChart® API to distribute spam or other unsolicited advertising or promotional messages, or to send messages, make comments, or initiate any other direct communication or contact with users of the WebChart®platform. You must also not use the WebChart® API to permit, encourage, or incentivise other people to do any of these things. This section does not apply to any use of the WebChart® API to enable users to send messages or make comments in accordance with the User Terms, where these messages and comments are specifically and deliberately initiated by the relevant user via authenticated access, and are not made in response to any encouragement or incentive provided by you or your app.
- You must not remove or attempt to remove or interfere with any advertising delivered via the WebChart® API.
- You must not use the WebChart® API to commit or engage in, or encourage, induce, solicit or promote, any conduct that violates any law or regulation, or constitutes a breach of the User Terms, including content piracy, stream ripping, and/or facilitating unauthorized access to third party intellectual property.
- You must not use the WebChart® API or any User Content for any app that depicts sexually explicit images, promotes violence or discrimination, or engages in the sale or advertisement of pornography, tobacco products, firearms, illegal or prescription drugs.
- You must not use the WebChart® API to violate, misappropriate or infringe any copyright, trademark rights, rights of privacy or publicity, confidential information or any other right of any third party. You must not use the WebChart® API to permit, encourage, solicit or facilitate anyone else (for example, users of your app) to do any of these things.
- You must ensure that your app does not replicate a substantial number of features and/or the overall experience of WebChart®, and must ensure that the visual design of your app is not confusingly similar to the design or look and feel of any part of the WebChart® platform, including without limitation, any MIE website, the WebChart® desktop app and/or any WebChart® mobile app.
- You must not alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the WebChart® platform, any User Content and/or any documentation relating to the WebChart® API.
- You must not, and must not permit any third party to, copy or adapt the object code, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of the WebChart® API or any part of the WebChart® platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to any User Content (but this section shall not prevent you from using any MIE SDKs that we may release under an open source licence).
- You must not use the WebChart® API to violate, circumvent or attempt to violate or circumvent any data security measures employed by MIE or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of MIE’s servers, system or network or attempt to breach MIE’s data security or authentication procedures; attempt to interfere with the WebChart® platform (or any part thereof) by any means including, without limitation, hacking MIE’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
- You must not attempt to obtain more client IDs than you reasonably require for the development, testing and operation of your app.
- You must not rent, sell or lease access to the WebChart® API or any User Content or Personal Data, and must not sell or transfer, or offer to sell or transfer, your client secret to any third party without the prior written approval of MIE.
- You must not use or attempt to use another person’s client ID and/or client secret, unless you are working on the same app.
- You must not use the WebChart® API to distribute any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, and must not use the WebChart® API for any purpose which or might overburden, impair or disrupt the WebChart® platform, servers or networks.
- You must ensure that all networks, hardware and software necessary to operate your app (other than the WebChart® platform or the WebChart® API) are configured and operate to commercially reasonable standards of security. In the event of any breach of security involving the MIE API or any User Content or Personal Data, you must notify MIE immediately via email@example.com and work diligently to remedy such security breach as soon as practicable. You shall not make any public statement regarding any such security breach without the prior written approval of MIE.
Everything related to the MIE API is owned by Medical Informatics Engineering, Inc.
You hereby acknowledge that, as between you and Medical Informatics Engineering (MIE), all rights, title and interest, including without limitation, all intellectual property rights, in and to the WebChart® API, any and all documentation provided by MIE in connection therewith, the WebChart® platform and the MIE Marks, are owned by MIE.
Respect our confidential information
We may develop competing apps
You are responsible for all things relating to the distribution and use of your app
You hereby represent and warrant to MIE as follows:
- You have the right to distribute and make available your app to end users thereof, and your app and end users’ use of your app in compliance with your app’s terms of service (if any), does not and will not infringe or violate the rights of any third party or any applicable law, rule or regulation.
- You have obtained, and will maintain throughout all periods during which you make use of the WebChart® API, any and all licences, consents, permissions and/or clearances necessary in order for you to develop, implement, operate, distribute, make available and support your app, and to enable end users to use your app (e.g. any synchronization licences that may be necessary if you are combining User Content with visual media output such as video or images, and any public performance licences with respect to any copyrighted music made available via your app).
- You will comply with all applicable laws in connection with your use of the WebChart® API and all User Content and Personal Data accessed thereby, including without limitation, all applicable intellectual property and data protection laws in all relevant jurisdictions.
- You will not use the WebChart® API or any User Content or Personal Data for any purpose that is fraudulent, illegal, libellous, defamatory, offensive, discriminatory or in any way that promotes, solicits or condones the infringement of intellectual property rights, or otherwise brings MIE into disrepute.
MIE is not responsible for User Content
You hereby acknowledge and agree that (i) WebChart® users are solely responsible for User Content that they upload, post or distribute to, on or through the WebChart® platform, (ii) MIE cannot and does not review the User Content created or uploaded by its users, and MIE has no obligation, and does not undertake or assume any duty, to monitor the WebChart® platform for User Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of the User Terms or applicable law; and (iii) the availability of User Content on the WebChart® platform and over the WebChart®API is a matter controlled by the relevant Uploader as the owner of the relevant User Content, and not by MIE (subject to the removal of any item of User Content by MIE in response to any reports of copyright infringement made against the Uploader).
MIE hereby excludes, to the fullest extent permitted by law, any and all liability which may arise from any User Content uploaded to the WebChart®platform by WebChart® users and accessed by you and users of your app, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Users.
By using the WebChart® API, you irrevocably waive the right to assert any claim with respect to any of the foregoing, or any other claim related to your use of the WebChart® API, against MIE or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
MIE gives no guarantees regarding the API or other things provided under these terms
THE WebChart® API, THE WebChart® PLATFORM, THE MIE MARKS AND ALL USER CONTENT AND PERSONAL DATA ACCESSED THROUGH OR VIA THE MIE API, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST MIE USES ALL REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS ON THE WebChart® PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO MIE’S ATTENTION, MIE MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WebChart® PLATFORM, THE WebChart® API OR ANY PART OR PARTS THEREOF, THE MIE MARKS OR ANY USER CONTENT OR PERSONAL DATA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR ANY GUARANTEE THAT ANY PARTICULAR ITEM(S) OF USER CONTENT IS, ARE OR WILL BE AVAILABLE ON THE WebChart® PLATFORM AND/OR WILL BE ACCESSIBLE VIA THE WebChart® API AT ANY OR ALL TIMES OR AT ALL. MIE DOES NOT WARRANT THAT ANY USER CONTENT IS CLEARED FOR THE USE THAT YOU INTEND TO MAKE OF IT VIA YOUR APP AND DOES NOT PROVIDE YOU WITH THE BENEFIT OF ANY LICENCES (ON A PASS THROUGH BASIS OR OTHERWISE) THAT MIE MAY HAVE OR OBTAIN WITH RESPECT TO ANY USER CONTENT AND ANY SUCH BENEFIT THAT MIGHT OTHERWISE BE GRANTED OR IMPLIED AS A MATTER OF LAW IS HEREBY EXCLUDED MIE DOES NOT WARRANT THAT YOUR USE OF THE WebChart® API WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WebChart® PLATFORM, THE WebChart® API, THE USER CONTENT OR PERSONAL DATA OR ANY PART OR PARTS THEREOF, OR THE SERVERS ON WHICH THE WebChart® PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIE DOES NOT WARRANT THAT ANY CALLS TO THE WebChart® API OR ANY TRANSMISSION OF USER CONTENT WILL BE SECURE OR THAT ANY ELEMENTS OF THE WebChart® PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF USER CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE WebChart® PLATFORM OR THE WebChart® API IS LAWFUL IN ANY PARTICULAR JURISDICTION.
MIE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, TOGETHER WITH ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Any liability that MIE does have will exclude the things listed below
MIE AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
- ANY LOSS OR DAMAGE ARISING FROM:
- YOUR INABILITY TO ACCESS OR USE THE WebChart® API, OR TO ACCESS ANY USER CONTENT, PERSONAL DATA OR THE WebChart® PLATFORM VIA THE WebChart® API;
- ANY CHANGES THAT MIE MAY MAKE TO THE WebChart® API OR TO THE WebChart® PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE WebChart® PLATFORM, THE WebChart® API OR ANY OR ALL USER CONTENT OR PERSONAL DATA IN OR FROM ANY OR ALL TERRITORIES;
- ANY REMOVAL BY THE UPLOADER, MIE OR ANY AUTHORISED THIRD PARTY OF ANY PARTICULAR ITEM OF USER CONTENT FROM THE WebChart® PLATFORM, OR ANY CHANGES MADE TO THE AVAILABILITY OF SUCH USER CONTENT OR THE USE PERMITTED TO BE MADE OF THAT CONTENT OVER THE WebChart® API;
- ANY ACTION TAKEN AGAINST YOU BY ANY USER OR THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO YOUR ACCESS TO OR USE OF ANY USER CONTENT OR PERSONAL DATA VIA THE WebChart® API, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY MIE OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE WebChart® API OR ANY USER CONTENT OR PERSONAL DATA ACCESSED THEREBY;
- ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE WebChart® PLATFORM OR THE WebChart® API, OR FROM ANY INACCURACY OR DEFECT IN ANY USER CONTENT OR PERSONAL DATA;
- YOUR FAILURE TO PROVIDE MIE WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME, PASSWORD OR CLIENT SECRET SUITABLY CONFIDENTIAL;
- ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ADDITIONALLY, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MIE AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND MIE, AND THAT MIE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You need to be responsible for any loss that we suffer as the result of your use of our API
Either party can terminate use of the API as described below
On termination, all right granted hereunder shall cease. You shall immediately cease all use of the WebChart® API, shall remove any and all MIE Marks from your app or any advertising, marketing and promotional materials related thereto, shall destroy all Confidential Information, and shall delete all User Content and Personal Data.