Proprietary API Terms of Use  

Version 1.0 (Current) 

Effective Date:  September 3, 2025 

1.0 Introductions

  1. In these Proprietary API Terms of Use (“API ToU”), when Sightview Software, LLC uses terms like “Sightview”, “we”, “our”, or “us”, Sightview means Sightview Software, LLC and its affiliates (including, but not limited to, iMedicWare, LLC, My Vision Express, LLC, Medflow EHR, LLC, Management Plus EHR, LLC, MD Office, LLC, Sightview MIPS Services, LLC, Sightview RCM, LLC, Sightview EHR Holdings, LLC, and LensOnDemand).  Capitalized terms used in these API ToU without definition will have the meanings in Appendix 1.
  2. These API ToU govern your access to and use of our API Services. Please read these API ToU carefully before you use the API Services as they are a legal agreement between Sightview and you once they are accepted. The API Services are also governed by our Terms of Service and Use (“ToS”), which also include terms related to other Sightview services, including our websites. These API TOU are incorporated into and are part of the ToS (the API ToU and the ToS, collectively, the “API Terms”).  Please also review our Privacy Policy to learn about information collection, use, and privacy practices.
  3. By using or accessing any of the API Services you accept and agree to be bound by the API Terms. If you do not agree with any portion of the API Terms, then do not use any API Services. You represent and warrant that you are at least 18 years old and that you possess the legal ability to accept the API Terms.
  4. If you are using the API Services on behalf of an entity, then:
    1. you represent and warrant that you have the authority to bind that entity to the API Terms;
    2. you agree to be bound by the API Terms on behalf of that entity;
    3. you will require all users to comply with the API Terms; and,
    4. references to “you”, “your”, and similar terms refer to that entity.
  5. If you have a Primary Agreement to use the API Services. “Primary Agreement” means:
    1. i. for Sightview Customers, your Transaction Documents (as defined in the ToS);
    2. if you are a Sightview Vendor, a written, binding agreement between you and Sightview; and,
    3. for Application providers who are not Sightview Customers or Sightview Vendors, a written, binding agreement between you and each Sightview Customer or Patient containing appropriate terms to cover the Data you will be exfiltrating, or transmitting to us, via the APIs. 

The Primary Agreement will set forth your rights and obligations related to Data, including its access, use, provisioning, and retention. Sightview enters into unique Primary Agreements with Sightview Customers and Sightview Vendors. The API Terms supplement Primary Agreements with respect to use of the API Services. In the event of a conflict between a Primary Agreement and the API Terms, (a) the API Terms will control regarding use of the API Services and (b) the Primary Agreement will control regarding other matters, such as the use, provisioning, and retention of Data. 

2.0 ACCOUNTS AND DEVELOPMENT PROCESS 

This Section 2 applies to Application providers. 

  1. User Accounts
    1. To access and use certain aspects of the API Services, you must register by providing certain information (e.g., name, contact information, Application details, etc.). You must provide us with true, accurate, and complete information on your registration and keep all provided information up to date. As part of our review of your registration, we may request additional information. Once you have completed your registration, we will provide you with Credentials.
    2. You must protect your Credentials. Do not let anyone else use your Credentials and do not use anyone else’s Credentials. Notify us immediately if:
        1. your Credentials are lost or stolen; 
        2. you become aware of any unauthorized use of your Credentials; or, 
        3. you become aware of any unauthorized use of the API Services or any other breach of security that might affect the API Services.  
  2. Development. You may use your Credentials to access the Test Environment. In the Test Environment, you may only use test data; you may not upload, transmit, or otherwise enter any “live” or “real” data. Performance in the Test Environment may differ from that in the Production Environment.
  3. Customer Activation. In certain cases, for Data to be exchanged via the APIs the applicable Sightview Customer must activate use of such APIs in our Systems. We are not responsible for any Sightview Customer’s failure or delay in activating any APIs or deactivation of any APIs.

3.0 USE OF THE API SERVICES

  1. Permission to Use the API Services. If you are an Application provider, we grant you the right to: 
    1. access and use the API Services in a Production Environment;
    2. use the API Services to help you develop your Applications; and,
    3. market, offer, and distribute your Applications.
  2. Limited Rights. All rights we grant in the API Terms are personal to you and you may not transfer, assign, or sublicense them to others. We may revoke these rights if you violate the API Terms or any applicable Laws. The API Services are the proprietary property of Sightview or its third-party licensors and are protected by intellectual property and other Laws. No rights are granted to you relating to the API Services except for the express rights granted to you in the API Terms. We reserve all rights in the API Services not expressly granted in these API ToU.
  3. Compliance and Regulatory Provisions
    1. You will, at your cost and expense, obtain all necessary regulatory approvals, licenses, and permits applicable to your business and your performance under the API Terms, and comply with all applicable Laws in performing under the API Terms (and, if you are an Application provider, in providing your Applications). You will not export the API Services in violation of applicable Laws.
    2. If you are an Application provider, you must: (i) collect, process, use, store, disclose, provide, and transfer Data only in compliance with all applicable Laws, privacy policies, and third-party rights, (ii) if applicable, only use Data for the limited purposes authorized in your Primary Agreement, (iii) if applicable, notify Sightview Customers that their Data will be available to your Applications, and (iv) provide legally-compliant privacy notices and protections.
    3. If you will be using the APIs to access or send Protected Health Information on behalf of Sightview or a Sightview Customer, then you must first have one or more Business Associate agreements (each a “Business Associate Agreement”) with either us or each Sightview Customer to the extent required by HIPAA. The API Terms are not a Business Associate Agreement and may not be construed as creating any Business Associate relationship. By using the APIs to access or send Protected Health Information, you represent and warrant that you have signed all Business Associate Agreements or other arrangements as may be required for such access or transmission to comply with HIPAA or any other applicable Laws.
  4. Additional Obligations. Except as expressly authorized by these API ToU, you will:
    1. Not interfere with anyone else’s use of the API Services;
    2. Not copy, reproduce, sell, license, rent, lease, distribute, display, transfer, modify, or make derivative works from the API Services;
    3. Not remove, alter, or tamper with any copyright, trademark, or other proprietary rights or legal notices associated with the API Services;
    4. Not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the API Services or the underlying ideas, algorithms, structure, or organization of the Systems (except to the extent such restriction is prohibited by applicable Law);
    5. Not use the API Services to defame, harass, abuse, threaten, stalk, or defraud any entity or person;
    6. Not submit, upload, post, or transmit any Data or other material that:
      1. you do not have a right to reproduce, display, or transmit; 
      2. infringes intellectual, proprietary, or other rights of any party; or, 
      3. is harmful or unlawful;
    7. Ensure that your use of the API Services will not generate excessive load on the API Services or the Systems or cause the API Services or Systems to behave inaccurately or inconsistently;
    8. Not interfere in any way with the operation of the API Services or Systems or any server, network, or system associated with the API Services or Systems;
    9. Not attempt to breach, defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any firewall, encryption, security, authentication routines,  or  software  protection  mechanisms  in  the  API  Services  or Systems, including any such mechanism used to restrict or control the functionality of the API Services or Systems;
    10. Not use any automated program, tool, or process (including web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the API Services, the Systems, or any server, network, or system associated with the API Services or Systems, or to extract, collect, harvest, or gather content or data from the API Services or Systems; and,
    11. Not allow Applications to do or attempt to do any of the acts prohibited by this section 3.4 or assist or permit any person in engaging in any of the acts prohibited by this section 3.4.
  5. No Viruses. You represent and warrant that your use of the APIs (and, if you are an Application provider, your Application) will not contain or introduce any viruses or other harmful or malicious code, software, computer instructions, devices, or techniques that can or were designed to threaten, infect, damage, disable, or shut down the API Services or the Systems or any other technology, software, solution, equipment, or computer system (e.g., no viruses, worms, Trojan horses, malware, etc.).
  6. Open Source. If you are an Application provider, you represent and warrant that your Applications will not contain any software code that is subject to a license that, when used in conjunction with the API Services, requires our software code, or other software code combined or distributed with our software code, to be:
    1. disclosed or distributed in source code form;
    2. licensed for the purpose of making derivative works; or,
    3. redistributable at no charge.
  7. Costs and Technology Requirements. You will be responsible for all of your own costs to perform under the API Terms. You are solely responsible for providing and maintaining, at your own risk, option, and expense, appropriate software, hardware, and other technology needed for you to receive and use the API Services, which must comply with the API Terms and the Documentation.
  8. Customer Support. If you are an Application provider, you will be solely responsible for all aspects of the sales, enrollment, implementation of, training, maintenance, and support related to a Sightview Customer’s use of your Applications.
  9. Sightview Customer Acknowledgements. If you are a Sightview Customer, you acknowledge and agree that:
    1. the Applications are Third-Party Services (as defined and further described in the TOU), which for example you access and use at your own risk;
    2. you are solely responsible for selecting which, if any, Applications you use and for screening and selecting the providers of the Applications;
    3. you are solely responsible for activating and deactivating the APIs used or accessed by any Applications;
    4. by activating use of the APIs by an Applications, you give, and you direct Sightview to enable you to give, the Application and its provider access to your Data;
    5. once an Application and its provider has access to your Data, the provider may share your Data with its developers, suppliers, affiliates, and other individuals and entities; and,
    6. Sightview is not responsible for any Application, the use or disclosure of Data by an Application or its provider, or any other acts or omissions by an Application An Application provider’s use and disclosure of your Data is governed solely by the agreement between you and the Application provider. The data elements sent or received via an API may change over time. You can review the then-current data elements sent to or received from an Application in the Application provider’s Terms of Use.

4.0 CHANGES TO THE API TERMS AND THE API SERVICES

  1. Changes to the API Terms. We may change the API Terms at any time. The date last updated is at the top of the API Terms. Please check the API Terms regularly to ensure that you are aware of any changes to the API Terms. We will use reasonable efforts to notify you of material changes to these API TOU before such changes take effect to afford you with a reasonable opportunity to update your Applications to preserve compatibility with the API Services, such as by posting a notice directly on the API Services, by sending an email notification (if you have provided your email address to us), or by other reasonable methods. Your use of the API Services after changes to the API Terms means you have accepted the changes. If you do not agree with the changes, stop using the API Services before the changes take effect or immediately upon learning of changes that have already taken effect. If you accessed or used the API Services before the initial effective date of the API Terms, your use of the API Services after such effective date means you have accepted the API Terms and that you agree that the API Terms govern your use of the API Services.
  2. Changes to, and Monitoring of, the API Services.
    1. We may modify the operation of, or any feature of, the API Services at any time. We will use reasonable efforts to notify you of material changes to the API Services before such changes take effect to afford you with a reasonable opportunity to update your Applications to preserve compatibility with the API Services, such as by posting a notice directly on the API Services, by sending an email notification (if you have provided your email address to us), or by other reasonable methods.  
    2. We also may, with or without notice, and without liability to you or any other party:
      1. investigate any suspected or alleged misuse of the API Services and cooperate with any law enforcement or other governmental entity or any other third parties in such investigation; and, 
      2. disclose information about your use of the API Services in connection with a law enforcement or other governmental entity investigation or in response to a lawful court order or subpoena. Sightview may monitor your use of the API Services (including accessing and using the Applications) in order to verify your compliance with the API Terms, improve the API Services and Systems, and assess the quality and security of the Applications. 
  3. Updates.
    1. Sightview may, but does not have to, develop and provide updates for our API Services, which may include upgrades, bug fixes, patches, and other error corrections and new features (collectively, “Updates”). Updates may also change or completely remove certain features and functionality. You agree that Sightview has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
    2. Portions of the API Services may not properly operate if you do not install all Updates, so we encourage you to promptly install all Updates. We may also suspend your access to API Services until you install certain Updates after providing you a reasonable opportunity to update your technology. For clarity, all Updates are part of the API Services and subject to the API Terms.

5.0 TERMINATION AND SUSPENSION

  1. Your Termination. Subject to any obligations in a Primary Agreement you have with Sightview, you may terminate your use of the API Services by providing written notice to Sightview at SightviewMatters@Sightview.com.
  2. Termination and Suspension. You acknowledge and agree that, to the extent not inconsistent with applicable Law:
    1. Sightview may at any time and without liability, terminate or suspend your access to the API Services, in whole or in part, including if Sightview determines that:
      1. you have violated the API Terms, a Primary Agreement, or any applicable Law; 
      2. any term of the API Terms violates applicable Law, including the federal Anti-Kickback Statute, the Stark Law, the 21st Century Cures Act, or the False Claims Act; 
      3. you or any of your owners is excluded from participation in a Federal Health Care Program (as defined in at 42 U.S.C. § 1320a-7b(f)) or otherwise debarred, declared ineligible, suspended, or otherwise sanctioned by any federal or state government; or, 
      4. if Sightview believes your use of the API Services is unauthorized presents a security threat, is for fraudulent purposes, or interferes with others’ use of the API Services,  
    2. such termination or suspension may happen without prior notice; and,
    3. in the event of such termination or suspension, Sightview may immediately deactivate and terminate your account and terminate your access to the API Services.
  3. Suspension and Downtime. To the extent not inconsistent with applicable Law, we may limit, suspend access to, or shut down the API Services, entirely or in part, at any time, including in order to:  
    1. fix problems with the API Services;
    2. conduct routine maintenance; or,
    3. update the API Services as described in section 4.3.
      The API Services may not always be available and should not be relied upon in an emergency. In the event of downtime, other temporary limits on, or unavailability of the API Services, including to fix problems with the API Services, conduct routine maintenance, update the API Services, provide support services, remediate unplanned downtime, or other planned or unplanned purpose, we will make commercially reasonable efforts to ensure that the period of unavailability is no longer than necessary to achieve the applicable purpose. 
  4. Effect of Termination.
    1. Upon any termination of the API Terms: (i) all rights granted to you under the API Terms will cease and (ii) you must cease all use of the API Services.
    2. Any provisions of the API Terms that, by their nature should survive the termination of the API Terms, will survive, including sections: 5.4, 6.1, 6.3, 7, 8, 9, and 10.

6.0 PROPRIETARY RIGHTS

This Section 6 applies to Application providers.  Sightview Customers should refer to their Primary Agreement regarding these matters. 

  1. Retention of Rights.  Each party will retain all of its intellectual property rights.
  2. Attribution.
    1. Sightview may:
      1. include you in our listings of companies connected via the APIs, including on our websites; and, 
      2. in the course of promoting, marketing, or demonstrating the Systems or API Services, produce and distribute incidental depictions, including screenshots, video, or other content, from Sightview Customers’ use of the Applications. 
    2. You may make appropriate and truthful reference to Sightview in the documentation for the Applications; provided, that: (i) you must not either, directly or indirectly, promote or advertise any Application as being sponsored, endorsed, or recommended by Sightview and (ii) unless we have provided you prior written consent in each instance, all references to Sightview must be limited to plain word marks (e.g., no using our logos). You must obtain our prior written consent before any other use of Sightview’s name or other references to Sightview (e.g., in marketing materials, blogs, press releases, etc.).
    3. Except as expressly permitted in the API Terms or the Primary Agreement, neither party will refer to the other in any press release, marketing materials, advertisements, or other public broadcast or communication of any kind without first obtaining the other party’s prior written consent.
  3. Feedback. If you provide us with any comments, suggestions, ideas, or other feedback (together, “Feedback”), you agree that: (i) you have no obligation to provide Feedback, (ii) we have no obligation to use Feedback, (iii) we have an unrestricted right to use and exploit any Feedback you do provide, including the right to permit others to do both, and (iv) you are not entitled to receive any compensation for any Feedback.
  4. Data. You acknowledge that: 
    1. Sightview Customers have granted Sightview the right to use Protected Health Information and other data to create data that is de-identified in accordance with the HIPAA de-identification standard; and,
    2. Sightview may use, sell, provide to third parties, and otherwise commercialize any such de-identified data for any purpose not prohibited by Law. You agree that nothing in the API Terms will be deemed to restrict Sightview’s ability to commercialize, market, license, use, provide to third parties, exploit, transform, or sell such de-identified patient and other data.

7.0 NO WARRANTIES

THE API SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, SIGHTVIEW AND ITS AFFILIATES MAKE NO AND DISCLAIM ALL WARRANTIES WITH RESPECT TO THE API SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES, TERMS, OR CONDITIONS, INCLUDING ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. SIGHTVIEW AND ITS AFFILIATES DO NOT WARRANT:  

  1. THAT THE API SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;
  2. THAT ANY DEFECT OR ERROR WILL BE CORRECTED;
  3. THAT THE API SERVICES WILL BE SECURE AND FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  4. THAT ANY DATA PROVIDED BY OR THROUGH THE API SERVICES WILL BE CURRENT OR ACCURATE; OR,
  5. AGAINST ANY LOSS OR CORRUPTION OF ANY DATA OR SUBMISSIONS. YOUR USE OF THE API SERVICES IS ENTIRELY AT YOUR OWN RISK.

8.0 LIMITATIONS OF LIABILITY

  1. IN NO EVENT WILL SIGHTVIEW, ITS AFFILIATES, OR ANY OF SIGHTVIEW’S OR ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS, CONTRACTORS, OR CONSULTANTS BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY) FOR (i) ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THE API SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR (ii) DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS EXCEEDING, IN THE AGGREGATE FOR ALL CLAIMS, THE GREATER OF: (A) THE AMOUNTS PAID BY YOU, IF ANY, SPECIFICALLY FOR THE API SERVICES ASSOCIATED WITH THE CLAIM IN THE 6 MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH CLAIM OR (B) $500.
  2. EACH PROVISION OF THE API TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE API TERMS. THE LIMITATIONS IN THE API TERMS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  3. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9.0 INDEMNITY

In addition to any indemnification obligations you may have, you will indemnify Sightview and its affiliates and Sightview’s and its affiliates’ officers, directors, employees, agents, representatives, advisors, contractors, and consultants (collectively, “Indemnified Parties”) from and against any and all claims, actions, suits, demands, liabilities, damages, losses, penalties, interest, fines, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:  

  1. third-party claims arising out of or related to your use of, inability to use, or reliance upon the API Services;
  2. the Applications, including your provision of or use of any Application;
  3. an Application provider’s act or omission (including a Data incident or breach); or,
  4. your violation of the API Terms or applicable Law.

10.0 MISCELLANEOUS

  1. Notice. Sightview may provide you with notices, including those regarding changes to these API ToU, by postings on our websites, on the API Services, or by other means (e.g., via email).
  2. Governing Law. The API Terms and any claim or dispute between you and Sightview arising out of or relating to the API Services or the API Terms will be governed by and construed in accordance with the Laws of the State of North Carolina, without regard to any provision of North Carolina Law that would require or permit the application of the substantive Law of another jurisdiction. Any claim or dispute between the parties will be resolved on an individual basis in the state or federal courts of the State of North Carolina and the United States, respectively, in or with jurisdiction over Durham County, Florida. If you are a United States city, county, or state government entity, then the following applies instead of the language above: the parties agree to remain silent regarding governing Law and venue.
  3. Regulatory Acknowledgments. The parties’ intent is that the API Terms comply with the 21st Century Cures Act and any provision of the API Terms that does not comply with the 21st Century Cures Act will be replaced as described in section 10.5. Nothing in the API Terms will be construed to prohibit or restrict any communication in a manner that violates the Condition of Certification at 45 C.F.R. § 170.403(a). Each party acknowledges and intends that the terms contained in the API Terms that relate to the content and manner of a request for access, exchange, or use of electronic health information (as defined at 45 C.F.R. § 171.102) reflect the parties’ mutual agreement (in an arm’s-length transaction without coercion) and meet the “content” and “manner requested” conditions of the Content and Manner Exception at 45 C.F.R. §§ 171.301(a) and (b)(1), respectively.
  4. Waiver. A waiver of a provision of the API Terms must be in writing and signed by the party entitled to the benefit of such provision. Sightview’s failure to exercise or enforce any right or provision of the API Terms will not constitute a waiver of such right or provision.
  5. Severability. If any provision of the API Terms is declared void or unenforceable by any judicial or administrative authority, the parties will replace such provision with a substitute that as closely as possible reflects the parties’ original intent (including economics and allocations of risk) and is enforceable, and the validity of the other provisions and of the API Terms as a whole will not be affected.
  6. Independent Contractor. No joint venture, partnership, employment, or agency relationship exists between you and Sightview as a result of the API Terms or use of the API Services. Sightview is not a third-party service provider under PCI-DSS.
  7. Force Majeure. Sightview will not be liable for failure or delay in performing its obligations if such failure or delay is due to a force majeure event or other circumstances beyond Sightview’s reasonable control, including acts of any governmental body, war, cyber war or attack, terrorism, insurrection, sabotage, embargo, fire, flood, severe weather, earthquake, tornado, hurricane, labor disturbance, pandemic or other public health emergency, interruption of or delay in the internet or transportation, unavailability of third-party services, failure of third-party software or services, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the API Services.
  8. Interpretation. Headings used in the API Terms are for convenience only and will not be used in interpreting the API Terms. The API Terms will be deemed to be drafted by both parties and will not be construed against either party. Unless the context otherwise requires, the term “include” (and its variants) are to be construed as inclusive, not exclusive, and are deemed to be followed by the words "without limitation.”
  9. i. No Exclusivity. You acknowledge that the API Terms are non-exclusive and nothing in the API Terms will be deemed to limit Sightview’s right to offer similar services to third parties. Nothing in the API Terms will be deemed to restrict Sightview from selling, marketing, or licensing, whether by itself or through any third party, or from engaging others to market or solicit the sale or license of products or services similar to the Applications anywhere in the world to any existing, prospective, or future customer, including any Sightview Customer, or from entering into any agreement with any third party.
  10. Entire Agreement. The API Terms set forth the entire agreement between the parties regarding the API Services and supersede any prior or contemporaneous communications (whether written or oral) between the parties, but solely with respect to the API Services. Except as expressly set forth in the API Terms, there are no third-party beneficiaries to the API Terms.

APPENDIX 1 - Definitions 

  1. “APIs” means Sightview’s proprietary application programming interfaces that permit a party to access and send Data.
  2. “API Services” means the APIs, the Documentation, Test Environment, Production Environment, Test Data, and all other products and services provided with or through the APIs.
  3. “Application” means applications, websites, products, and services that use or access the APIs and that are not developed or provided by Sightview.
  4. “Business Associate” has the meaning in HIPAA.
  5. “Certified APIs” means APIs that are certified to the certification criteria established by the Office of the National Coordinator for Health IT at 45 C.F.R. § 170.315(g)(7)-(9) or (g)(10).
  6. “Credentials” means any username, password, keys, or tokens we provide you in relation to the API Services.
  7. “Data” means data, information, or other content stored or to be stored in the Systems or otherwise transmitted or accessed via the APIs. Data does not include data that is subject to PCI-DSS, which data may not be stored in the Systems or otherwise transmitted via the APIs.
  8. “Documentation” means the specifications, requirements, or other documentation that Sightview provides or makes available related to the APIs.
  9. “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act, and their implementing regulations, as each may be amended
  10. “Laws” means any statute, law, regulation, ordinance, rule, code, order, constitution, treaty, common law, judgment, decree, or governmental requirement enacted, promulgated, or imposed by any governmental authority at any level (including municipal, county, province, state, national, or foreign), including HIPAA and other privacy laws, health care fraud and abuse laws (e.g., the federal Anti-Kickback Statute, Stark Law, and False Claims Act), the 21st Century Cures Act, and any standards generally adopted by an industry organization (e.g., the Payment Card Industry) that applies to products or services offered by a party (e.g., PCI-DSS).
  11. “Patient” means a patient of a Sightview Customer who has requested access to his or her Data through an Application.
  12. “PCI-DSS” means the Payment Card Industry Data Security Standards.
  13. “Production Environment” means a live-access, production environment of the APIs.
  14. “Protected Health Information” has the meaning given in HIPAA.
  15. “Sightview Customer” means customers of Sightview’s cloud-based or licensed on-premise electronic health records systems, associated systems (such as practice management systems), and related services.
  16. “Sightview Vendor” means a supplier, service provider, or other vendor of Sightview.
  17. “Systems” means:
    1. with respect to Sightview Customers, Sightview’s cloud-based or licensed on-premise electronic health records systems, including our Electronic Medical Assistant® or EMA®, and associated systems such as practice management systems and related services; and,
    2. with respect to Sightview, the Sightview technology, software, hardware, equipment, network, or other systems specified in the Primary Agreement.
  18. “Test Data” means sample data that Sightview provides or makes available.
  19. “Test Environment” means a “sandbox” environment for testing and development purposes.