Last updated: March 4, 2021
This document governs the terms under which You are permitted to access and use the application programming interface that is made available on this website https://developer.infermedica.com (the "API"), and the data transmitted to You through the API (the "Infermedica Content"). This document incorporates the terms of the following documents, including all future amendments or modifications thereto (collectively, and together with this document, the "API Agreement"):
By accessing or using any API offered by Infermedica or the Infermedica Content, You agree to be bound by the API Agreement. If You access or use the API or Infermedica Content on behalf of a company, principal or other entity, You represent that You have the authority to bind such entity and its affiliates to the API Agreement and that it is fully binding upon them. In such a case, the term "You" will refer to You, as an individual or to each such entity and its affiliates on whose behalf You are accessing or using the API or Infermedica Content. If You do not have authority, or if You do not agree to the terms of the API Agreement, You may not access or use the API or Infermedica Content. You should read and keep a copy of each component of the API Agreement for Your records, in particular the documents available here: https://developer.infermedica.com/docs. In the event of any discrepancies between the documents, the terms of this document will prevail.
Our API enables You to access Infermedica reasoning technology dedicated for support of the patient triage and/or support of preliminary medical diagnosis that can help You implement an intelligent symptom checker or an adaptive patient intake form for Your health application. Additionally, Infermedica’s API allows You to develop Your own tool, which enables reliable COVID-19 user screening to be conducted and subsequently recommendations to be formulated on what to do next. What differentiates endpoints dedicated solely to COVID-19 risk assessment from general Infermedica API endpoints is the fact that COVID-19 endpoints are not linked to our AI and no machine learning is involved. Instead, they are based on standards issued by the World Health Organization and the Centers for Disease Control and Prevention (CDC). A detailed description may be found here: https://developer.infermedica.com/docs/covid-19
The term “Infermedica Content” refers to the medical content available through the Infermedica API medical knowledge base which is nurtured by Infermedica’s team of doctors. These doctors rely on respected literature, medical textbooks, and publications. This process is also supported by an analysis of huge data sets to extract statistical relations and numerical approximations of diseases. A detailed description can be found at https://developer.infermedica.com/docs/content and at https://developer.infermedica.com/docs/medical-concepts.
In terms of API endpoints dedicated solely to COVID-19 risk assessment, Infermedica Content relates to the knowledge base which is created on the basis of guidelines issued by the WHO, and in terms of the recommendation on how to act with respect to a particular outcome of the assessment, also guidelines issued by CDC regarding the Coronavirus (COVID – 19). You can verify the sources of the knowledge behind these endpoints here: https://developer.infermedica.com/docs/covid-19#medical-foundations
The API is made available by Infermedica Sp. z o. o. ("Infermedica") to enable others to access Infermedica’s medical reasoning technology as part of internet-related applications that complement and enhance Infermedica's own services. Additionally, Infermedica enables You, free of charge, to build Your own tool that communicates the risk of being infected with COVID-19 and recommends actions that according to the WHO and CDC should be undertaken, depending on the outcome of the risk assessment. Infermedica expressly informs You of the informative purpose of the API and Infermedica Content, which does not provide any sort of clinical diagnosis or does not replace any medical advice. Infermedica strongly advises You to keep every user of Your tool informed about the intended purpose. If any user is concerned about their health, they should contact medical professionals despite the presented outcome.
Infermedica reserves the right to modify the API Agreement at any time. If Infermedica reasonably determines that a modification may adversely impact You, Infermedica will provide ten (10) days’ notice accordingly to the email address You provided during registration. IF YOU DO NOT WISH TO BE BOUND BY ANY NEW OR MODIFIED TERMS, YOU MUST TERMINATE THE API AGREEMENT BY CEASING USE OF THE API WITHIN TEN (10) DAYS OF RECEIPT OF SUCH NOTICE.
In order to access or use an API, You must first register for and receive an API KEY. You must provide complete and accurate information as part of the registration process. You are only allowed to register for and use one API Key, unless otherwise permitted by Infermedica in writing, including via e-mail. All queries sent to the API requesting Infermedica Content must reference Your valid API Key. You agree to keep Your API Key confidential and not to share it with any third party.
Infermedica grants You a non-exclusive license limited in time, related to the existence of this Agreement and a revocable, non-transferable license to (i) access and use the API to receive the Infermedica Content, and (ii) display the Infermedica Content on Your Site or Your Applications. The use of COVID-19 endpoints, however, may be limited up to 1000 API calls per hour.
You are not authorized to and not allowed to grant a license or sub-license to (i) access and use the API to receive the Infermedica Content, and/or (ii) display the Infermedica Content on Your Site and Your Applications.
You may not use the API and/or Infermedica Content for any other purpose without Infermedica's prior written consent. These license rights are further limited by the restrictions set forth elsewhere in the API Agreement, and all rights not expressly granted to You hereunder are reserved by Infermedica.
An application or website using the API or displaying Infermedica Content must display a link to the Infermedica homepage with the text "Powered by Infermedica". Additionally, You agree to refer to Infermedica in any public and press releases regarding Your product which is integrated with API and to consult Infermedica on the proposed material prior to the publication. After the publication, Infermedica may also request the change or removal of the reference from Your publication, which you agree to do without undue delay.
If agreed by the parties, the API can be used to generate and send SNOMED CT codes, however, if You wish to use the SNOMED CT, You are required to obtain a separate SNOMED CT license from a third-party licensor i.e. the International Health Terminology Standards Development Organization, with its registered office in London, UK.
To the full extent permitted by applicable law, You agree that You will not, and will not assist or enable others to:
As between You and Infermedica, the API, Infermedica Content, and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of Infermedica and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). You agree that at no time during or after the termination of the API Agreement will You attempt to register or claim that You own any trademarks or domain names that are derived from or confusingly similar to those of Infermedica, or attempt to register or claim that You own any copyright or other intellectual property rights in the API or the Infermedica Content.
Infermedica reserves the right, at its sole discretion (for any reason or for no reason) and at any time without notice to You, to change, suspend or discontinue the API and/or suspend or terminate Your rights under the API Agreement to access, use and/or display (as applicable) the API and/or any Infermedica Content. Any termination of the API Agreement will also immediately terminate the licenses granted to You hereunder. Such change, suspension or termination of the API may cause Your existing services using the API to stop functioning properly, and You will no longer have access to the Infermedica Content. Upon any termination of the API Agreement, You will promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in Your possession or under Your control, including without limitation, from Your Site, and promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API and/or any Infermedica Content.
You agree that You use the API at Your own risk and You agree to hold harmless, defend (subject to Infermedica's right to participate with counsel of its choice) and indemnify Infermedica and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from, or in any way related to You or Your end users' use or implementation of the API or any Infermedica Content obtained from the API. You will not agree to any settlement that imposes any obligation on Infermedica without Infermedica's prior consent.
You agree that Infermedica Content is provided solely for informational and educational purposes based on the information that may be available in our databases and is not a qualified medical opinion.
THE API AND INFERMEDICA CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, INFERMEDICA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API AND ANY INFERMEDICA CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, INFERMEDICA DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API OR ANY API KEY OR THE INFERMEDICA CONTENT WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY TECHNICAL OR OTHER SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM INFERMEDICA, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.
YOU AGREE THAT INFERMEDICA SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR ACCESS TO AND USE OF THE API (OR INFERMEDICA'S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CAUSES OF ACTION BASED ON TORT, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT SHALL INFERMEDICA OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER MEASURES OF INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES BASED ON LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS OR ANY DAMAGES ARISING OUT OF OR BASED UPON YOUR USE OR INABILITY TO USE THE API, EVEN IF INFERMEDICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM SHALL BE DEEMED TO BE VOLUNTARILY WAIVED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO INFERMEDICA AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, INFERMEDICA'S MAXIMUM LIABILITY UNDER THE API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00.
Infermedica and You are, and will remain, independent contractors, and nothing in the API Agreement will be construed as creating an employer-employee relationship, partnership or joint venture. Although You are permitted to make public statements concerning Your use of the API, You agree not to make any statements, without the prior written consent of Infermedica, implying a different kind of relationship between You and Infermedica, including any express or implied endorsement of Your content, products, or services by Infermedica. You do not have any authority of any kind to bind Infermedica in any respect whatsoever.
Using the API does not require Your end-users to register or log in. However, You may be a personal data controller of the personal data of the end-users of your software integrated with Infermedica API. In such a case, it is possible that data processed by Infermedica API, will be considered as personal in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as the “GDPR”. Infermedica will not identify or attempt to identify any individual, however, in order to meet the requirements of GDPR for the processing of such data respective Data Processing Agreement shall apply. Additionally, if you are a US entity covered by the Health Insurance Portability and Accountability Act of 1996 “HIPAA” and if any personal health information is processed via API then respective Business Associate Agreement shall apply.
You acknowledge that Infermedica may desire to use Your name and logo on Infermedica’s websites, marketing materials, press releases, product brochures and financial reports shared with its investors as well as potential investors indicating that You are a customer of Infermedica, and You agree that Infermedica may reasonably use Your name and logo in such a manner. In case, Infermedica needs a separate confirmation or consent to use Your name and logo you agree to provide Infermedica with such a consent issued in accordance with applicable law and your internal policies.
Any claim, controversy or dispute arising out of or relating to the API Agreement will be governed by Polish law, without regard to its conflict of law provisions. Any disputes arising out of this Agreement shall be resolved by the Parties amicably. If the Parties fail to reach an understanding within thirty (30) days of submission of the claim or issue to the other Party, the dispute shall be resolved by a competent court with jurisdiction for the registered office of Infermedica.
Except as stated in any separate agreements or addendums to the API Agreement between Infermedica and You, the API Agreement encompasses the entire agreement between You and Infermedica regarding the subject matter discussed therein. You also agree that, in the event of a breach of the API Agreement or Your unauthorized use of the API, Infermedica shall be entitled to obtain injunctive relief against You without the necessity of posting a bond. The failure of Infermedica to exercise or enforce any right or provision of the API Agreement will not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of the API Agreement is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining API Agreement will otherwise remain in full force and effect and enforceable. The API Agreement is not assignable, transferable or able to be licensed or sub-licensed, in whole or in part, by You except with Infermedica's prior written consent Any attempt to do so is void. Infermedica may assign the API Agreement, in whole or in part, at any time with or without notice to You. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.
Please contact Infermedica at firstname.lastname@example.org with any questions regarding the API Agreement or to report any violations of the API Agreement.