XIFIN Authorized User Acceptable Use Policy
XIFIN may update this AUP by posting a new version on its website, and the new version is effective immediately upon posting. We recommend that users check the XIFIN website at www.XIFIN.com regularly to ensure that their activities are in accordance with the current AUP.
Reports of violations or questions about this AUP can be submitted by email to compliance@XIFIN.com.
By using any XIFIN Software, the user is agreeing to and is subject to the following:
- Authorized Users. XIFIN Software and XIFIN Computing Resources can only be used by users (“Authorized Users”) who are authorized by XIFIN or a XIFIN customer acting in accordance with its agreement with XIFIN pursuant to which it has the right to use such XIFIN Software (“Customer Agreement”). Authorized Users may include patients of XIFIN customers and certain persons authorized or affiliated with those patients, and health care providers and their staff, using the web portals made available by XIFIN for those Authorized Users.
- Authorized Uses. Authorized Users who are employees or contractors of a XIFIN customer can only use XIFIN Software and XIFIN Computing Resources for the purposes permitted by the Customer Agreement. Patients, certain persons related to patients, and health care providers may have access to certain features and functions of XIFIN Software, and may only use those features and functions for the purposes for which they are intended and presented to them by XIFIN. All Authorized Users are required to comply with policies and restrictions made available to them in or in connection with their use of XIFIN Software.
- Accurate and Complete Information.Authorized Users will only submit information to XIFIN Software that is accurate and complete and that is not false or misleading in any respect.
- Prohibited Uses. Authorized Users will not use XIFIN Software or XIFIN Computing Resources to accomplish or attempt to accomplish, directly or indirectly, any of the following: to commit fraud or to process false or misleading information; to send or otherwise process any unauthorized messages or emails; to send spam or unwanted emails, faxes or other communications of any nature; to evade spam filters or use deceptive or inaccurate information in headers or sender identification information; to display, send, receive, store or otherwise process in any manner any material that is obscene, pornographic, lewd, sexual, or violent; to violate the rights of any person or entity; to discriminate against any person based on their race, gender, gender identification, sexual orientation, disability, marital status, health status, religion, creed, philosophy, belief or opinion, or any other feature or characteristic whether or not prohibited by law; to bully, intimidate, threaten or ridicule any person or group of people; to violate any law, regulation or other government requirement; or to perform any task or operation other than for an Authorized Use in accordance with this AUP.
- Compliance with Laws. In connection with their use of XIFIN Software, Authorized Users will comply with all applicable federal, state, local and foreign laws, regulations and other government requirements of any nature, legislative, agency, judicial or otherwise.
- ID and Passwords.Each Authorized User will be issued a separate ID and will select their own password meeting the requirements of the XIFIN Software, and will not share that ID and password with any other person, or permit any other person to use XIFIN Software under the Authorized User’s ID. Each Authorized User will use reasonable steps to maintain the confidentiality of their ID and password for XIFIN Software.
- Authorized User Computing Resources.Each Authorized User (or their employer) is responsible for properly obtaining and maintaining their own computers, internet connection, browser software and other items required to use XIFIN Software. XIFIN does not provide any support or assistance regarding the Authorized User’s use of any of such items.
- Security Measures. Authorized Users will comply with the security measures in the XIFIN Software and XIFIN Computing Resources, and will not attempt to access the XIFIN Software except by submitting their ID and password where required by the XIFIN Software, and will not attempt to access or use any XIFIN Computing Resources except the web pages for the XIFIN Software through an authorized browser where applicable. Authorized Users will not attempt to defeat, circumvent or deceive any security measures in the XIFIN Software and XIFIN Computing Resources, or to connect through or communicate with any portion of the XIFIN Software or XIFIN Computing Resources except those clearly designated for their use in the web pages for the XIFIN Software properly accessed by them in accordance with this AUP.
- Limitations.Except as permitted in an applicable Customer Agreement, Authorized Users will not use XIFIN Software for activities outside the United States, or for the benefit of any third party other than their employer.Authorized Users will not use XIFIN Software for the operation of a service bureau, or rent, lease, sublicense, distribute, transfer, lend or modify XIFIN Software.Authorized Users will not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the XIFIN Software.Authorized users will not take any action that interferes with or disrupts the XIFIN Software, XIFIN Computing Resources, or XIFIN operations or activities.
- No Interfaced Systems.Only individuals can connect to the XIFIN Software under this AUP. Systems to be interfaced with the XIFIN Software will be set forth in a written agreement between XIFIN and its customer or interfacing party, and the interface will be approved by XIFIN before connection is established. Any system, application, robot or automated process is prohibited from accessing XIFIN Software or XIFIN Computing Resources except through such a written agreement.
- Intellectual Property Rights.XIFIN and its licensors and suppliers retain all right, title and interest to all components of the XIFIN Software and XIFIN Computing Resources, including all patent, copyright, trade secret, trademark and other rights of any nature, and no right is granted to any Authorized User other than the limited, nonexclusive right to use the features of the XIFIN Software intended by XIFIN to be used by them, and only when used under or in connection with a written agreement between XIFIN and its customer, and then only as permitted in this AUP.
- AUP Violations.If XIFIN determines that there has likely been a violation of this AUP, XIFIN may suspend or terminate the ID of any Authorized User to the extent it is able to do so, and may restrict access to any or all features of XIFIN Software or XIFIN services as it determines in its discretion. Any violation of this AUP will cause XIFIN irreparable harm for which monetary damages are an inadequate remedy, and in addition to any other remedies available to XIFIN, XIFIN is entitled to equitable relief including specific performance and injunctive relief, without the posting of bond or security, or if required, then the minimum bond or security required. XIFIN may report AUP violations to the applicable XIFIN customer and when appropriate, to law enforcement authorities.
- Choice of Law and Venue.Except as required by law otherwise, this AUP is subject to and will be governed by and construed in accordance with California law applicable to contracts entered into and wholly performed within the state of California. Any dispute arising under or relating to this AUP will be resolved exclusively in the courts located in San Diego County, California.
- Complete AUP. This AUP is the complete and final acceptable use policy regarding use of XIFIN Software and XIFIN Computing Resources, and can only be modified by a new AUP posted by XIFIN. The term “including,” “includes” and similar forms means by way of example and not limitation.
- Questions. Questions about this AUP can be submitted to email@example.com.
April 8, 2021