Ascentia Terms of Use
Last updated: November 20, 2023Agreement Between User and STI
These Terms of Use are a legal agreement between you (“USER”) and STI Computer Services, Inc. (“STI”, “WE” or “OUR”) governing your use of STI's Ascentia services. By creating and using an STI Account ("ACCOUNT") to access these services ("SERVICES"), you are agreeing to be bound by the terms of this agreement ("AGREEMENT") and any other applicable terms and conditions posted on STI's website located at www.sticomputer.com. If you do not agree to the terms of this agreement, you may not create or use an STI Account, nor may you use the services available to that account.
Your Account
If you use these SERVICES, you are responsible for maintaining the confidentiality of your ACCOUNT and password and for restricting access to your computing device, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that STI is not responsible for third party access to your account that results from theft or misappropriation of your account. STI and its associates reserve the right to refuse or cancel service, terminate an account, or remove or edit content in our sole discretion.
Age Restrictions
If you are under the age of 18, you must have your parent or legal guardian’s permission to use an STI ACCOUNT. Please have your parent or legal guardian read these terms with you. If you are a parent or legal guardian, and you allow your child to create an ACCOUNT or use the SERVICES then these terms apply to you, and you are responsible for your child’s activity with the services.
Intellectual Property/Unlawful Use
You are granted a non-exclusive, non-transferable, revocable license to access and use these SERVICES strictly in accordance with these terms of use. As a condition of your use of the SERVICES, you warrant to STI that you will not use the SERVICES for any purpose that is unlawful or prohibited by this AGREEMENT. You may not use the ACCOUNT or SERVICES in any manner which could damage, disable, overburden, or impair the SERVICES or interfere with any other party's use of the SERVICES. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SERVICES. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the SERVICES, in whole or in part. Your use of the SERVICES does not entitle you to make any unauthorized use of any protected content. STI does not grant you any licenses, express or implied, to the intellectual property of STI except as expressly authorized by this AGREEMENT.
Security Issues
You agree to promptly report to STI any security flaws, vulnerabilities, or deficiencies identified through normal use of the SERVICES by calling the STI Software Support at (800) 487-9135. You shall not and may not publicly disclose security flaws, vulnerabilities, or deficiencies in the SERVICES of which you become aware.
Collection of Personal Information
Ascentia is a health information platform that provides access to health information, authorized by the healthcare organization ("HCO") from which it originates. If you choose to participate, upon being authorized by the HCO, the site will collect your email address for the purpose of communicating with you about your ACCOUNT.
HIPAA and Privacy
Electronic Health Information accessed via these SERVICES is subject to certain federal and state laws governing the privacy and security of such information, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and other laws, and require special safeguarding. You must comply with all applicable federal and state laws regarding the protection and disclosure of information obtained through Ascentia.
Disclaimers
STI provides Ascentia “as is” with all faults and makes no warranties or guarantees of any kind, and expressly disclaims any and all warranties of any kind or nature, whether express, implied, or statutory regarding Ascentia including but not limited to the accuracy, completeness, correctness, timeliness, or usefulness of any of the information, programs, products, or services, or other materials provided by STI, or of reliability, non-infringement, merchantability or fitness for a particular purpose. STI makes no representation, warranty, or guarantee that access to Ascentia will be uninterrupted, timely, secure, or error free or free of viruses or other harmful elements, and such warranties are expressly disclaimed. STI reserves the right at any time to temporarily, or permanently, modify or discontinue these SERVICES, or any part thereof, with or without notice. STI in its sole discretion may terminate your account. Further, you agree STI shall not be liable to you for termination of your access to Ascentia.
Indemnification and Limitation of Liability
You agree that you release and agree to indemnify, defend, save, and hold harmless, STI, its affiliates, its officers, directors, employees, contractors, and agents, from all claims arising out of, or related to access or use of, or inability to use Ascentia services by your HCO or your patients for collection, use, storage, or disclosure of personal health information. In no event will STI, its affiliates, its officers, directors, employees, contractors, and agents be liable to you, anyone claiming through or under you, or anyone else for: (i) any decision or action taken, or not taken, in reliance upon the information contained or provided through Ascentia; (ii) claims arising out of or related to Ascentia; (iii) your use of Ascentia; or (iv) for any incidental, indirect, special, consequential, or punitive damages, including but not limited to, possible health side effects, loss of revenue, profits or savings, even if STI knew or should have known of the possibility of such damages, claims, demands, or actions. You agree that your exclusive remedy for dissatisfaction with Ascentia will be to stop using the service.
Governing Law
This agreement is governed by the laws of the state of Pennsylvania and the United States. The jurisdiction and venue for any cause of action arising under this agreement shall be in Montgomery County, Pennsylvania. STI makes no representation that Ascentia services are appropriate for use in locations outside the United States of America.
General
You agree that this AGREEMENT may be automatically assigned by STI to a third party in the event of a merger, acquisition, or liquidation. You agree that this AGREEMENT sets forth the entire understanding between STI and YOU. YOU further agree that if any portion of this agreement is held invalid, the balance shall continue in full force and effect. By accepting this agreement, you acknowledge that you understand the policies and procedure, agree to comply with them, and all your questions have been answered to your satisfaction.
ChartMaker® API
170.315(g)(7), (g)(9), (g)(10)
This section applies to an ACCOUNT created for the intended purpose of using STI’s ChartMaker® API which is dependent on these SERVICES. The USER is solely responsible for vetting the security, purpose, function, and intent of any application used to interact with the ChartMaker® API and takes full responsibility for what happens with and to information accessed by the application they choose to use. There are ChartMaker® API fees and additional costs for the specific certified criterion 170.315(g)(10): Standardized API for patient and population services that will be incurred by the medical practice to use the ChartMaker® API for their providers or patients. The ChartMaker® API cloud-based service has a one-time startup fee, with an ongoing maintenance cost arranged in performance tiers based on data storage capacity, computing resources, and usage (aka throughput). The standard hosting model is multi-tenant. STI cannot warranty against unreasonable resource utilization due to third-party applications that are not optimized for efficient processing. As a result, excessive use of system resources to support a third-party application may involve additional fees or dedicated resources.
Changes to Terms
STI reserves the right, in its sole discretion, to change the AGREEMENT under which the SERVICES are offered. The most current version of the terms will supersede all previous versions. STI encourages you to periodically review the AGREEMENT to stay informed of our updates.