Medications Service Terms

Effective January 24, 2022

These Medication Service Terms (“MS Terms”) govern your use of the Medication Service, which includes connection to the Surescripts Service (defined below). These MS Terms are incorporated into the Builder Terms and references to “you”, “your” or “Builder” and “we”, “our” or “Zus” refer to you or us in the same way they do in the Builder Terms.

BY SELECTING THE MEDICATION SERVICE IN A BINDING ORDER FORM WITH ZUS, OR BY USING THE MEDICATION SERVICE, YOU AGREE TO THESE MS TERMS, INCLUDING THE SURESCRIPTS TERMS. IF YOU DO NOT AGREE TO THESE MS TERMS, YOU MAY NOT USE THE MEDICATION SERVICE.

All capitalized terms used but not defined in these MS Terms shall have the meaning set forth in the Builder Terms.

A. Definitions

• Data Source: means all PBM Data Sources and Pharmacy Data Sources and any other third-party data providers, such as health plans, that have entered into written agreements with Surescripts, either directly or indirectly, in order to allow access through the Surescripts Network to information in its possession.
• Medications Service: means the API made available by Zus to provide medication services for your Patients from one or more Zus Network Partners, including Surescripts, LLC (“Surescripts”).
• Participants: means any Data Sources, prescribers, health care providers, and facilities, technology vendors, and other entities and individuals that have entered into written agreements with Surescripts, either directly or indirectly, in order to access, provide, or communicate through the Surescripts Network.
• PBM Data Source: means a pharmacy benefit manager, health benefit payer or administrator, or other similar entity which has entered into a written agreement with Surescripts to allow access through the Surescripts Network to information in its possession.
• Pharmacy Data Source: means a pharmacy, pharmacy chain, or Surescripts-certified aggregator that aggregates information on behalf of pharmacies, or other similar entity which has entered into a written agreement with Surescripts to allow access through the Surescripts Network to information in its possession.
• Prescriber End User: means an individual, located in the United States or a United States territory, that (i) is employed by, an active member of the medical staff of, or otherwise performing healthcare services as a legally authorized representative of a Builder; and (ii) if required by Applicable Law to be licensed, registered, or otherwise authorized with the appropriate Governmental authority to perform the applicable healthcare services that has been issued a National Provider Identifier (“NPI”) by the appropriate governmental authority.
• Surescripts Data: means any data or information relating to Surescripts, or its services or operations, provided to you or your Prescriber End Users by or on behalf of Surescripts, including statistics collected by Surescripts regarding transactions processed by the Surescripts Network, test data, test cases, configuration information, and problem description and resolution information.
• Surescripts Network: means the Surescripts proprietary technology for secure, nationwide, interoperable health information infrastructure between Participants.
• Surescripts Service: means the services provided by Surescripts using its proprietary technology for secure, nationwide, interoperable health information infrastructure, as incorporated into the Medications Service.
• Surescripts Terms: mean the Surescripts required terms and requirements set forth in Section C below.

B. General Medication Service Terms

1. Use of the Medication Service. The Medication Service is one of the Builder Services available through the Zus Platform and is delivered by Zus pursuant to the Builder Terms. Your use of the Medication Service is subject to and conditioned upon all applicable terms and conditions of the Zus Builder Terms of Service and these Medication Service Terms, including the Surescripts Terms in Section C below.
2. Fees. Your use of the Medication Service is conditioned upon payment of fees identified in the applicable Order Form you accepted or executed with Zus.
3. Notice of Partnership Termination. We will notify you in writing in advance of the effective date of any expiration or termination of our agreement with Surescripts such that the Surescripts Network and Surescripts services will no longer be available to you through the Medication Service as of the effective date of termination or expiration.
4. Support. Zus will provide customer support for you and your Prescriber End Users. Such support will include, without limitation, taking initial inquiries from locations, diagnosing the nature of any problems, and resolving such problems where possible, prior to contacting Surescripts to assist in such resolution.

C. Surescripts Required Terms & Requirements

1. Confidentiality. You and your Prescriber End Users will keep confidential any Surescripts or Participant proprietary and/or confidential information.
2. Prescriber Authorizations. You represent and warrant to us that you have obtained all necessary authorizations from your Prescriber End Users required to permit Surescripts to use all information provided through the Medication Service.
3. No Modifications or Reconfiguration. You may not, and you may not allow your End Users to: (a) modify, change, or otherwise alter any component of the Medications Service that you use to connect to the Surescripts Service without first providing written notice to Zus and, if necessary, working with Zus to obtain Surescripts certification of such modification or change; or (b) reconfigure or disable any portion of the Medications Service or Surescripts Service.
4. Access on behalf of Prescriber End Users Only. You may only use the Medication Service to connect to the Surescripts Network on behalf of Prescriber End Users. You may not (i) use the Surescripts Network in any manner which would allow the general public access thereto; or (ii) authorize any use of the Surescripts Network for the benefit of any person or entity not a Prescriber End User.
5. Permitted Use for Treatment Purposes Only. You and your Prescriber End Users may only use or access, or attempt to use or access, the Surescripts Service in connection with and in conjunction with treatment of a specific patient in conjunction with a patient event in a healthcare setting.
6. Management of Prescriber End Users. a. Definitional Requirement. You will designate a Prescriber End User for the Medication Service only after confirming that such individual or entity meets the definition of a Prescriber End User set forth in these Medication Service Terms, and only subject to ongoing satisfaction of the identity-proofing and other requirements.

b. Identity Proofing. You will conduct identity proofing and user authentication sufficient to meet regulatory requirements and industry standards to confirm that messages transmitted through the Medication Service originate from Prescriber End Users who are licensed to use the Medication Service, pursuant to these MS Terms. 07. Commercial Messaging Rules. a. General Limitation. You may not, and you may not allow your Prescriber End Users, to use any means, program or device, or permit any other person to use any means, program or device, including not limited to advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescriber at point of care.

b. Exceptions to General Limitation. You may show information regarding a payer’s formulary and benefit plan design, including patient lowest cost options, on/off tier, and coverage status, on/off tier, prior authorization, and co-pay information. 08. Patient Consents and Authorizations. As a condition of using the Surescripts Service, you are responsible for obtaining any patient consents and/or authorizations required by Applicable Law and to ensure your Prescriber End Users have certified to such. 09. Additional Surescripts Requirements. You may only use and access the Surescripts Service if you meet the following additional requirements: a. Access to and Use of the Surescripts Network. You may only use the Surescripts Service in accordance with the terms and conditions of these Medication Service Terms, including the Surescripts Terms.

b. Adherence to Applicable Law and Commercial Messaging Rules. You will comply with all provisions of the Zus BAA and Applicable Law, including obtaining all necessary patient consents and authorizations. 10. Audit by Surescripts. You will allow Zus or Surescripts to access, inspect, and audit your records relating to use of the Surescripts Network. 11. Surescripts Materials. At your request, we will make available to you any Surescripts Materials (subject to all applicable confidentiality requirements) and you will comply with them. 12. Use of Data. You may not make any use or disclosure of any data or information provided by Data Sources.