Before using this website or any Materials, please read these terms of use so you understand your responsibilities and Epic’s. You are accepting these terms by using this website or any Materials. Epic may change these terms from time to time - for example, to reflect changes in the Materials we offer or for legal, regulatory, or security reasons. So, please check back periodically for updates. By continuing to use this website or any Materials after an update, you are accepting the updated terms.

Introduction

Open.epic enables Epic Community Members and developers to use the open.epic Components and certain interfaces and other Epic-developed technologies to connect and interact with Epic Community Members’ Epic software. This website includes Materials to use as you develop, test, market, offer, deploy, and support products or services that interact with the technology available through open.epic.

The sections below describe the terms of use for the Materials and this website that apply specifically to Epic Community Members, those that apply specifically to developers, and those that apply to everyone. Capitalized words or phrases used in these terms are defined in the “Definitions” section below.

The interfaces, application programming interfaces (APIs), and other technologies available through open.epic represent a subset of the interoperability technology that Epic offers to support the access, exchange, and use of electronic health information and other data. Other value-added APIs, technologies, and services may be available under different terms through different processes and programs.

For Epic Community Members

If you are an Epic Community Member, your use of Materials related to the open.epic Components is subject to the open.epic API Subscription Agreement.

You may use other Materials available through open.epic at your own discretion, subject to the terms “For Everyone” below and any applicable terms of your agreement(s) with Epic. You are solely responsible for how you use these Materials and this website to interoperate with products and services.

For Developers

If you are not an Epic Community Member, the following terms, and the terms “For Everyone” below, apply to your use of the Materials and this website.

1. This website is the source of truth for current versions of the Materials. You can keep copies of the Materials for yourself. You may distribute them only by linking others directly to the Materials on the website.
2. Epic provides the Materials for your use, and you decide how to use them to interoperate with Epic software and provide your products and services to Epic Community Members and end users. With this freedom comes the responsibility to make sure your products and services are behaving appropriately. Accordingly, as between you and Epic, you are solely responsible for your products and services, including how they interact with Epic Community Members’ systems, and for all liability and consequences (e.g., Claims by or on behalf of patients or related to patient harm; data corruption; mapping or saving data to patient records incorrectly; fraudulent or other unethical conduct, such as inappropriately prescribing narcotics or zeroing out a balance due; degraded system response time, performance, and availability; privacy breaches; and security vulnerabilities) that arise from or relate to the use of or inability to use your products or services, or that arise from or relate to data made available to or from your products or services or direct or indirect use of that data. You are also responsible for complying with all applicable laws, including not infringing on Epic’s or others’ intellectual property rights.
3. You agree to indemnify, hold harmless and defend Epic, its subsidiaries, and all of its and their employees, officers, directors, contractors, and other personnel from and against any Claim that in any way arises out of or relates to the use of or inability to use any of your products or services. This obligation covers, for example, any Claim arising out of or related to:
   1. the accuracy, completeness, integrity, or compliance of your products and services; or
   2. any data made available to or from your products or services, or the direct or indirect use of that data in Epic Community Members’ Epic or downstream systems.
4. Some interoperability technology made available through open.epic requires an Epic Community Member to have a license to other functionality or build additional workflows. Where possible, please help our mutual customers avoid surprises by working closely with them and directing them to Epic with any questions related to Epic software.
5. If you want to use open.epic or Epic's name or other trademarks, you may do so only in accordance with our Trademark Usage Guidelines. These terms of use do not authorize you to use an Epic Community Member’s logo or other intellectual property.
6. Direct access to Epic’s software (including an Epic Community Member’s system) is not needed to develop, test, deploy, or support your product or service. You can test your product or service through the open.epic sandbox or by working with a particular Epic Community Member. Direct access to Epic’s software can be granted only with approval from both an Epic Community Member and Epic.

For Everyone

The following additional terms apply to all users of the Materials and of this website, except that a Community Member’s use of any Materials related to the open.epic Components is instead governed by the open.epic API Subscription Agreement.

1. THE MATERIALS AND THIS WEBSITE MAY INCLUDE INACCURACIES AND ERRORS, AND YOU USE THEM AT YOUR OWN RISK. THE MATERIALS AND THIS WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. FOR EXAMPLE, WE DO NOT MAKE ANY PROMISES ABOUT THE CONTENT OR FEATURES OF THE MATERIALS OR THIS WEBSITE, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
2. You own what you develop using the Materials. Epic owns the Materials, as well as any Epic-provided improvements to the Materials or learnings based on the Materials, such as enhancements made by Epic to testing tools or documentation. We want to encourage a vibrant developer environment. If you suggest a way to improve the Materials, you are granting Epic the right to use your suggestion in any manner, including as part of the Materials for others to use, and without any obligation or notice to you.
3. The testing sandbox made available through open.epic is meant to simulate an electronic health record environment and is for testing purposes only. The testing sandbox should be populated only with sample or synthetic data. You agree not to put individually identifiable information in any Epic-provided sandboxes. You acknowledge that Epic may wipe or otherwise remove data from those sandboxes in its sole discretion, including any individually identifiable data discovered in a sandbox.
4. This website and the Materials are not intended and should not be used for performance, scalability, or security testing. Even so, if you identify an actual or potential security vulnerability with Epic software or the open.epic Components, you will inform Epic about such vulnerability as soon as possible so that Epic can address the issue.
5. Wisconsin law will govern all disputes arising out of or relating to these terms of use, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Dane County, Wisconsin, and you and Epic consent to personal jurisdiction in those courts.
6. These terms of use will be severable so that if a provision is not enforceable, it and related terms will be interpreted to best accomplish the essential purpose of that unenforceable provision. However, severability will not apply if it significantly changes the benefit of these terms to you or Epic.
7. If these terms of use terminate (e.g., because Epic stops offering the Materials or this website), these terms “For Everyone” and clauses 2 and 3 under the terms ”For Developers” above will survive.
8. In these terms, the word “include” and its variants are not words of limitation, and examples are for illustration and not limitation.

Definitions

1. Claim means all claims, demands, investigations, inquiries, and actions, and all liabilities, damages, fines, and expenses arising out of or relating thereto, including settlement costs and attorneys’ fees.
2. Epic Community Member means a healthcare organization that has a license and support agreement with Epic to use Epic software. For purposes of these terms of use, an Epic Community Member’s affiliated healthcare organizations that use Epic software under its license and support agreement with Epic are considered part of the Epic Community Member.
3. Materials means resources made available on open.epic to support your use of the open.epic Components and other interoperability technology described on open.epic, including testing sandboxes, documentation, specifications, and other information related to Epic’s implementation of various interfaces and APIs.
4. open.epic Components means the designated application programming interfaces listed here and other functionality licensed directly by Epic Community Members from Epic under the open.epic API Subscription Agreement to facilitate interoperability.