Artisan Medical Solutions, LLC (“The Vendor”) operates the Artisan Fertility EMR, (“The Software Application”) a medical record keeping and practice management platform for infertility practices. This Acceptable Use Policy (“AUP”) details the policies that an “Authorized User“ of a “Customer” must follow while using a license of The Software Application.

1. Definitions:

1.1 “Authorized User” shall mean a unique person who is given access to The Software Application.

1.2 “Customer” shall mean any and all persons or entities who are using a license of The Software Application provided by The Vendor.

2. General Use Policies

2.1 The user interface, data model and schema, knowledge base and training materials of The Software Application are confidential.

2.2 Authorized Users shall be responsible for:

1. The security and/or use of their login credentials to The Software Application (User ID, Password and Digital Signature).
2. The security of their screen while using The Software Application, such as third-party individuals who may be able to view or otherwise record content from Authorized User’s screen.
3. The security of the physical computer and network through which the Authorized User accesses The Software Application.
4. The security and further distribution of files or data that Authorized User downloads or exports from The Software Application.

2.3 Authorized Users shall not:

1. Distribute copies or derivatives of the knowledge base and training materials of The Software Application to anyone unaffiliated with The Customer.
2. Provide or share their User ID, Password or Digital Signature with anyone unaffiliated with The Customer.
3. Allow any unauthorized Third Party to access The Software Application at any time without the permission of The Vendor.
4. Take screenshots of the user interface, download pages of the user interface to their local machine, or seek in any other way to distribute copies of the user interface to anyone unaffiliated with The Customer without the permission of The Vendor.
5. Scrape or crawl The Software Application using a Web Robot, Web Crawler, Spider or related technology.
6. Misappropriate any part of The Software Application or modify, disassemble, decompile, reverse engineer, copy, reproduce or create derivative works from or in respect of The Software Application.
7. Damage or tamper with any part of The Software Application.
8. Knowingly breach any security measure created by The Vendor.

3. Acceptable Use of The Software Application

3.1  This AUP describes how the Authorized Users may and may not use The Software Application licensed by The Vendor. The Software Application is based on a Managed Cloud Platform (“MCP”) which comprises computing hardware and software, including automation and orchestration tools.

3.2  Authorized Users are solely responsible for: (i) the content, materials and data that is created outside an MCP and uploaded to and processed on an MCP; (ii) the content, materials and data that is created through the use of The Software Application; and (iii) applications and other software that is installed on an MCP (together “Client Content”).

3.3  This AUP applies to all uses of any MCP and The Software Application including use resulting from or involving Client Content.

3.4  Authorized Users will comply with all applicable laws and regulations when using The Software Application and will not allow any illegal or improper use of The Software Application.  

4.  Changes to AUP

4.1  We may change this AUP from time to time by posting the updated version of this AUP to this url or otherwise providing notice The Customer.  If The Customer does not agree with the change The Customer must stop using The Software Application. If you continue to use The Software Application following a change to this AUP you will be deemed to have accepted the change.

5.  AUP and its Application

5.1 This AUP applies to the use of The Software Application by all Authorized Users and Customers. The Customer is responsible for the acts and omissions of their respective Authorized Users.

6. HIPAA Compliance

6.1 The MCP is designed to enforce many of the required security and privacy controls mandated by the Health Insurance Portability and Accountability Act (HIPAA). Authorized Users will not attempt to use the MCP in any manner that could weaken or degrade the ability of any organization to comply with HIPAA.

6.2 Authorized Users may not attempt to circumvent any controls or features which are intended to enforce compliance with HIPAA.

7.  Email and Spam

7.1  Authorized Users may not use The Software Application to distribute email, instant messages, text messages or other communications in an unacceptable or illegal manner. For example, you may not:

1. 1. create or send hoax emails or chain emails;
   2. send unsolicited commercial email or bulk email (spam or spamming);
   3. harvest email addresses;
   4. use open proxies or relays to allow spamming, or
   5. impersonate someone else (spoofing) or falsify message header information.

7.2  All commercial email promoting goods or services Authorized Users send using The Software Application must comply with all applicable laws, rules, regulations, industry codes, and similar guidelines.

8.  Security

8.1  Authorized Users may not use The Software Application or allow The Software Application to be used to:

1. 1. gain unauthorized access to computer systems or engage in security attacks of any kind including:
      1. against trust (such as email spoofing, password cracking, IP spoofing, and DNS poisoning);
      2. against confidentiality and integrity (by using malware such as computer viruses, worms, trojan horses, rootkits, keyloggers, spyware or any other malicious programs and code); or
      3. against availability (such as denial of service and email bombs)
   2. corrupt, modify or intercept electronic communications intended for any other person or entity; or
   3. interfere with or disrupt the operation of an MCP or The Software Application.

8.2  Authorized Users may not avoid any limitations The Vendor places on the use of The Software Application.

9.  Abuse and Illegal Behavior

9.1  Authorized Users may not use The Software Application to:

1. 1. conduct or engage in any illegal business or activity;
   2. infringe any third party intellectual property right (for example copyright, patents, trademark, trade secret or know-how);
   3. collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy; or
   4. create, distribute, process or view any: (i) defamatory; (ii) obscene, indecent or pornographic; (ii) racist, sexist or otherwise discriminatory; (iv) misleading, deceptive or fraudulent; or (v) otherwise objectionable, offensive or illegal material.

10.  Law Enforcement

10.1  The Vendor reserves the right at any time and without notice to investigate any suspected breach of this AUP or misuse of The Software Application.

10.2  The Vendor may block access to Client Content from The Software Application if we have reasonable grounds to suspect that it breaches this AUP.

10.3  The Vendor may be required to cooperate with courts and judicial bodies, police and law enforcement authorities, regulators and other appropriate third parties to help with the investigation and prosecution of illegal conduct.  This cooperation may include disclosing information and data about MCPs and The Software Application to them and providing them with information about an Authorized User’s use of The Software Application and Client Content when legally required to do so.

11.  Suspension or Termination

If The Customer fails to comply with the terms and conditions of this Agreement or if The Customer violates The Vendor’s AUP, The Customer will be provided fifteen (15) days’ notice to cure any violation of the AUP. At the conclusion of this fifteen (15) days’ notice period, The Vendor may suspend or deactivate The Customer’s use of The Software Application with or without notice.

12.  Reporting Breaches

The Customer will immediately notify The Vendor if an Authorized User or The Customer becomes aware of any breach of this AUP and will provide reasonable assistance to The Vendor to investigate or remedy the breach.

Updated: 11/26/2018