ePASS® Terms of Use

By using ePASS®, you agree to the following Terms of Use, and agree to comply with them at all times in regard to your use of ePASS®. References to “we”, “us” and “our” refer to Inovalon. ACCESSING THE SOFTWARE. By using or accessing the Software, you represent and warrant that you have read, understand and are bound by these Terms of Use.

Registration

In order to access and use the Software you will be required to provide certain information (such as identification or contact details) as part of the registration process, or as part of your continued use of the Software. If you are registering on behalf of an entity, you represent and warrant that you are authorized to act on behalf of such entity and that you have the authority to bind such entity to these Terms of Use. Any registration information you provide must be accurate and up to date and you must notify us promptly of any updates.

You may only access or attempt to access the Software by the means described in the Software’s documentation. Your credentials and ability to access the Software may be revoked by us at any time for inappropriate use or access or for a violation of these Terms of Use, as determined in our sole discretion.

Ownership

We own the Software, any usage data, and any Inovalon-provided improvements to or learnings based on the Software, such as enhancements made by Inovalon to our testing tools or documentation. If you suggest a way to improve the Software and we use your suggestion, it may become part of the Software for anyone to use without any obligation, notice, or compensation to you. If any such suggestion may, by operation of law or for any other reason, give you any rights over the Software, then you will be deemed to have hereby automatically assigned, without further consideration, the ownership of the Software and all copyrights therein to Inovalon.

Activities and Purposes

You agree that you will only use the Software for an Authorized Use. An “Authorized Use” is limited to: (a) the upload and use of protected health information (“PHI”), as that term is defined by the Health Insurance Portability and Accountability Act of 1996, amending legislation, and enabling regulations (collectively, the “HIPAA Rules”), related to one or more patients of your practice whose PHI has been requested by one or more health plans (each, a “Plan”) with which your practice is a participating provider, as part of the services Inovalon performs on behalf of those Plans; (b) as part of Inovalon’s Clinical Data Extraction (“CDE”) service on behalf of those Plans; or (c) a use set forth in a signed agreement between you or the entity on whose behalf you are an Authorized User of the Software and Inovalon. In using the Software, you are also responsible for complying with all applicable laws, including without limitation, not infringing on Inovalon’s or others’ intellectual property rights.

Privacy

Information or data that is accessible through the Software may be subject to the HIPAA Rules, and other state and federal laws and regulations (collectively, the “Privacy Laws”), and require special safeguarding. You must comply with all applicable Privacy Laws regarding the protection and disclosure of information that is accessible through the Software. Furthermore, You also agree that you will promptly notify Inovalon of any actual or suspected unauthorized use or disclosure of any PHI or other information or data accessible through the Software, of which you become aware and you will cooperate reasonably with instructions from Inovalon to investigate or mitigate such unauthorized use or disclosure.

You agree that you will only access, use or disclose PHI from the Software related to patients with whom you have a treatment relationship and in furtherance of legitimate treatment, payment, or health care operations purposes, as those uses are defined in the HIPAA Rules. You agree that any access, use, or disclosure of PHI from the Software by you other than for treatment purposes must comply with the HIPAA Rules’ “minimum necessary” standard.

You agree that you will not share your ePASS® username or password with anyone, or allow anyone to access ePASS® using your username and password, or any username and password that has not been properly assigned to that person by Inovalon. You agree to keep the credentials confidential, and to prevent other persons or entities from accessing or using your credentials. If you have additional persons within your practice for whom you would like Inovalon to create an additional username and password, do not hesitate to contact us at ePASSsupport@inovalon.com.

You further agree to the terms of our ePASS® Privacy Policy found at https://www.inovalon.com/inovalonone-privacy/ and agree to comply with the terms set forth therein.

Disclaimer of Warranties

The Software is provided “as is,” “with all faults” and on an “as-available” basis. Inovalon hereby disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, Inovalon makes no warranty that the Software or any data will be error free or that access thereto will be continuous or uninterrupted.

If you have any questions about these terms, the practices of Inovalon, or your dealings with this site, please contact Inovalon at the below address:

Inovalon
4321 Collington Road
Bowie, MD 20716
U.S.A.
301-809-4000

These terms of use were last updated on June 13, 2022.