Acceptable Use Policy

Last Updated June 2024

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A. PURPOSE
The purpose of this Acceptable Use Policy (“Policy”) is to describe actions that ArcHouse prohibits when any person uses the ArcHouse Products (including the ArcHouse Platform). This Policy applies to all ArcHouse Products and to all Providers and their Users who use the ArcHouse Products.
This Policy is incorporated into the Platform Terms of Service and may be updated or amended from time to time in accordance with provisions of the Platform Terms of Service. We may modify this Policy by posting a revised version on the ArcHouse Site. By using the Services or accessing the ArcHouse Site or ArcHouse Platform, you agree to the latest version of this Policy.

B. POLICY

  1. DEFINITIONS
    1. References to “You”. In this Policy, the terms “you”, “your” or “Provider” refer to you in your individual capacity if you are a user of the ArcHouse Products, or refer to the legal entity associated with a Provider’s account.
    2. Capitalized Terms. Capitalized terms used but not defined in this Policy or the Platform Terms of Service will have the meanings set forth in HIPAA or other Applicable Law.
  2. COMPLIANCE
    1. General. You are responsible for using the ArcHouse Products in compliance with all Applicable Law, the Platform Terms of Service, the ArcHouse BAA, and this Policy.
    2. Authorized Activities. You may only use the ArcHouse Products for Authorized Activities (such as HIPAA Activities or Consumer Health Activities) as defined in the ArcHouse Privacy Policy.
    3. Permitted Access. You may only use the ArcHouse Products to access Patient Data if you have a relationship with the Patient which satisfies the Permitted Access Requirements described in the ArcHouse Privacy Policy.
    4. Minimum Necessary. You may only use or access Patient Data through the ArcHouse Products to the minimum extent necessary to perform the Authorized Activities consistent with the Minimum Necessary Standard described in 45 CFR 164.502(b) and 164.514(d).
  3. PROHIBITED CONTENT OR ACTIVITIES
    1. Prohibited Content. You may not use the ArcHouse Products to upload, transmit, host or execute or store any of the following content or communications that is:
      1. False, inaccurate or intentionally deceptive, including content which is likely to adversely affect the public interest (such as public health or safety);
      2. Intellectual property infringement, including content that infringes a third party’s proprietary or intellectual property rights (e.g., patent, copyright, trademark, trade secret, right of publicity) according to Applicable Law;
      3. Libelous, defamatory, fraudulent, or inappropriate, including content which is sexually obscene, discriminatory, or abusive to any individual or group or which promotes or glorifies violence; or
      4. Unlawful or illegal, including content which is or includes computer hacking, malware, phishing, illegal export of controlled substances or illegal software, or which contains any material, products or services that violate or encourage conduct that would violate, any criminal laws, any other Applicable Laws, or any third party rights.
    2. Prohibited Activities. You may not use the ArcHouse Products to:
      1. Falsify your identity or origin, including creating a false identity or attempting to mislead others as to the identity of the sender or the origin of any data or communications;
      2. Interfere with or otherwise negatively impact ArcHouse or others, including any aspect of the ArcHouse Products or any Health Information Exchanges that are accessible through the ArcHouse Interoperability Products;
      3. Reverse engineer, including copying, disassembling, or decompiling the ArcHouse Products, or reformatting or framing any portion of the web pages or content that are part of the ArcHouse Products;
      4. Bypass security or system limits, including finding, exploiting or attempting to bypass and security mechanisms or filtering capabilities;
      5. Transmit harmful code, including files, scripts, agents or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to the ArcHouse Products;
      6. Attempt to gain unauthorized access, including the ArcHouse Products or another connected information systems or applications;
      7. Disable the services, including any denial of service (DoS) attack on the ArcHouse Products or any other conduct that attempts to disrupt, disable or overload the system; or
      8. Removing proprietary rights notices, including copyright, trademark or other proprietary rights notices contained in the content or materials accessed through the ArcHouse Products.
  4. INVESTIGATION, ENFORCEMENT AND REPORTING
    1. Investigation. We may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates this Policy. You agree to cooperate with us to remedy any violation.
    2. Enforcement. Without affecting any other remedies available to us, ArcHouse may permanently or temporarily terminate or suspend your account or access to the ArcHouse Products without notice or liability if ArcHouse (in its sole discretion) determines that you have violated this Policy.
    3. Reporting. To report any violation of this Policy, please email legal@archouse.health