Terms of service

This document (the “Agreement”) contains the terms of use that applies for access to and use of Open DIPS services (“Services”) provided by DIPS ASA, company registration number 979543883 (“DIPS”). By accessing the Services, you agree to be bound by the terms of this Agreement.

Open DIPS is an open sandbox where you can develop healthcare applications that connect to our electronic health record and patient administration system DIPS Arena (hereinafter “DIPS Arena”). The purpose of Open DIPS is to provide developers with a possibility to safely test the integration of their applications with DIPS Arena, using APIs, documentation, templates and synthetic test data that DIPS has published.

Note that the integration with Open DIPS is done within a virtual test environment, and that the APIs will only return synthetic test data. Any application or integration with the Services in DIPS client environments will require separate discussions and agreements to be made with each respective client and DIPS.

The “User” is whoever that accepts these terms of service. If you are using Open DIPS on behalf of a legal entity (i.e. a company), and you register with a company email, you represent that you have proper authority to act on behalf of and bind the entity to these terms, and by accepting, you accept on behalf of the entity to which your company email belong.

In order to be able to use Services, the User must register an Open DIPS account (“Open DIPS Account) on the platform (website). The User shall store and handle the log-in credentials for the Open DIPS Account in a secure manner to avoid unauthorized access. The User is solely responsible for any activity undertaken through access, authorized or unauthorized, to the Open DIPS Account. DIPS shall not be held responsible for any unauthorized access to the Open DIPS Account

The User agrees to keep all required information on the Open DIPS Account updated at all times. DIPS will use such information to provide the User with relevant information about the Services and contact the User when necessary

3.1 Public APIs

Upon registration of an Open DIPS Account and acceptance of this Agreement, DIPS will make available to the User public interfaces and APIs (“Public APIs”) that DIPS offer as part of the Services. The most current list of publicly available APIs can found at open.dips.no/apis

3.2 Partner APIs

DIPS may, in its sole discretion, make available additional APIs (“Partner APIs”) that are not Public APIs as part of the Services. Access to such Partner APIs is subject to additional terms through other DIPS processes and programs. Additional fees may therefore apply for use of Partner APIs. DIPS can upon written request, and at its own discretion, provide the most current list of Partner APIs .

3.3 Support Services

DIPS may, in its sole discertion, provide the User with support to facilicate more advanced development and functionality as part of the Services (“Support Services”). Access to such Support Services is subject to additional terms through other DIPS processes and programs, and additional fees may apply.

4.1 General

The User receives a limited, non-exclusive, and non-transferable right to use the Services in accordance with the terms of this Agreement, exclusively for the User as a tool for developing and testing integrations between Users own healthcare applications and DIPS Arena, during the term of the Agreement. This use right is conditional upon payment of the applicable subscription fee, if any, and compliance with the terms of this Agreement.

4.2 Use restrictions and acceptable use policy

The User shall not, and is not licensed to:

• reverse engineer, decompile, or disassemble a Service, or attempt to do so;
• work around any technical limitations in a Service or restrictions in the Service documentation;
• upgrade or downgrade parts of a Service at different times;
• use the Services in defiance with export control restrictions and regulations under applicable international and national laws

Furthermore, User may not use the Service:

• in a way prohibited by law, regulation, governmental order or decree;
• to violate the rights of others;
• to try to gain unauthorized access to or disrupt any service, device, data, account or network;
• to spam or distribute malware;
• in a way that could harm the Service or impair anyone else’s use of it;
• in any application or situation where failure of the Services could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage, or
• to assist or encourage anyone to do any of the above

The User accepts full responsibility and liability for the applications that the User develops and tests through the use of the Services (the “Developed Applications”)

The User is solely responsible and liable for all representations, warranties, support and other obligations made by the User to any third party in relation to the Developed Applications, including claims arising from product liability, breach of warranty, use or misuse of data and intellectual property infringement.

The User acknowledges the following regarding the Developed Applications:

• That the User shall, before approaching DIPS clients regarding the sale, marketing, integration or implementation of Developed Applications, negotiate with DIPS on how to jointly act and cooperate their efforts, with the purpose of marketing the Developed Applications in way that benefits and adds value for both parties.
• DIPS may use and disclose the performance and usage data relating to the Services for any purpose permitted by law so long as the data does not contain protected health information (as defined under applicable law).
• It is the User’s sole responsibility to license the Developed Application to the relevant DIPS client.
• The Services are designed to support real time queries. DIPS may therefore restrict the amount data returned by certain queries, and request that the user implement logic to support application workflow.

Use of Public APIs is included free of charge as part of the Services.

For some Services included in these Agreement, such as Partner APIs and Additonal Support, the User may pay a subscription fee to DIPS according to payment terms as specified in the separate applicable terms which further governs the use of such services.

7.1 Data protection and privacy

DIPS will only collect information that is required to provide the Service, such as name, phone number, business legal name, email, address, incorporated state or country and payment information. Any personal data collected will be used for the purposes such as:

• Creating and managing your Open DIPS Account;
• Providing you access to the Services;
• Payment and invoicing purposes
• Contacting you to resolve any technical difficulty, if needed;
• Providing your contact information to DIPS clients
• Processing and storing your data DIPS internal tracking metrics; and
• Improving the Services
• All personal data provided by the User will be handled in accordance with relevant data protection regulations (GDPR).

DIPS is the data controller for procesccing of personal data described in this section 7.1

7.2 Rights to data

For the purpose of maintaining the Services, DIPS reserves the right to regularory remove all content or User data, other than syntethic test data provided by DIPS

Upon termination of all Services or individual Services, DIPS may agree to assist in transferring the data to a designated place and in a usable format. Such a service should be ordered at least 30 days before the end of the subscription in question in order to ensure that the User can receive the data before deletion. Such assistance may be invoiced by DIPS. On termination of the Service, all User data will be deleted by DIPS

Some of the Services includes online-services from Microsoft Azure that are governed under Microsoft terms and conditions. Such terms are available on https://www.microsoft.com/licensing/docs/customeragreement.

The terms will not create a direct contractual relationship between User and Microsoft, but since DIPS is obliged to ensure that its user adhere to such terms and conditions, these terms are binding on the User. Our assessment is that it is most important to adhere to export control regulations, license restrictions (such as not to reverse engineer or share the services with third parties etc) and the acceptable use policy. DIPS liability for such online-services will not extend beyond what DIPS may claim from Microsoft, and which Microsoft actually settles.

DIPS reserves the right to make changes to the Services and DIPS Arena at any time without notice.

DIPS also reserves the right to update the terms and conditions in this Agreement at any time for whatever reason. In case of such changes, the User will be notified by email.

DIPS makes no guranatees about the suitability, reliability, availability, timeliness and accuracy of the Services, the Open DIPS Account, or other information, technology, software, products, services and related graphics provided by DIPS. All such technology, information, software, documentation and products, are provided 'as is' without warranty of any kind.

The User uses the Services at the User's own risk. DIPS shall not be held responsible for any damages or data loss, either to the User or a third party, connected with the use of the Services. Furthermore, DIPS shall not be held responsible for any occurrence of limited ascess or dispriton of access to the Services.

The User agrees that neither DIPS nor any of its affiliates will have any responsibility or liability with respect to the User or any third party's distribution, implementation, commercialization, use, or other form of exploitation of any application, software, solution, service or other technology created by you or another third party. The User is solely responsible and liable for all representations, warranties, support and other obligations made by the User to any third party related to any application, software, solution, service or other technology created by the User including claims arising from product liability, breach of warranty, data lossand intellectual property infringement.

The Agreement is effective until terminated by either parties (“Term”).

The User may terminate the Services through the User’s account tool. The termination takes effect from the start of the first month after end of the notice period.

DIPS reserves the right to terminate any part of the Services in its entirety, or its availability in any market, with 6 months’ notice before such termination takes effect

DIPS may also suspend the User’s access to the Services if the Agreement is breached by the User, or if DIPS reasonably expects such breach.Such suspension may be in effect until the matter has been resolved. DIPS will make commercially reasonable efforts to notify the User before the suspension takes effect.

When the Services are terminated, the User may get access to its data as set out in section 7.2

Without obtaining DIPS’s prior written permission, the User is not entitled to transfer all or part of the Agreement to another entity (either through mergers, de-mergers, bankruptcy, change of ownership or control or to affiliates or otherwise). DIPS may fully or partially transfer its rights and obligations under the Agreement to subsidiaries or other companies within the same group, hereunder use these as sub-contractors, provided that this is done in a manner assuring compliance with the obligations under the Personal Data Act from the User’s perspective.

This Agreement, and disputes arising as a consequence of this Agreement, shall be regulated by, and interpreted in accordance with, Norwegian law.

14.1 Confidentiality

Confidential information of which the parties become aware in connection with the Services must be kept confidential, and may not be disclosed to any third party without the consent of the other party.

The confidentiality obligation will lapse five (5) years after the expiry of the Agreement, unless otherwise stipulated by law or regulations.

14.2 Severability.

If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.

14.3 Waiver

Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.

14.4 Survival

All provisions survive termination of this Agreement except those requiring performance only during the term of the Agreement.

14.5 Notices

Notices to DIPS shall be sent by email to the following address: open@dips.no

Notices to User will be sent by email to the address the User has registered on the Open DIPS Account.

Disputes regarding the effects, contents or implementation of this Agreement shall be resolved by negotiations. If such negotiations fail, either party may request that the case is brought before a Norwegian court. If the parties so agree, the case shall be decided by arbitration after Norwegian Act of 14. May 2004 no. 25 on arbitration. If the parties require confidential treatment of the arbitration proceedings, hereunder the arbitration court’s verdict, this shall be agreed between the parties in writing together with the arbitration agreement.

The agreed legal venue shall be the location where DIPS has its’ registered address when the case is made before the court or arbitration court.