Legal
End User Licence Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. IT LIMITS OUR LIABILITY AND AFFECTS YOUR LEGAL RIGHTS.
By installing, copying, activating or using HealthFlow7 (the "Software"), you agree to be bound by this Agreement. If you do not agree, do not install or use the Software, and delete any copy you hold. If you are accepting on behalf of an organisation, you confirm you have authority to bind that organisation, and "you" means that organisation.
1. What the Software is — and is not
1.1 Purpose. HealthFlow7 is a developer and integration-analyst utility for inspecting, searching, comparing, documenting and replaying HL7 v2.x interface messages. It is a diagnostic and productivity aid.
1.2 NOT A MEDICAL DEVICE. The Software is not a medical device. It is not intended for use in diagnosis, treatment, monitoring, prevention or management of any disease or condition, and it must not be used to make or inform any clinical decision about any patient. It has not been submitted to, cleared by, approved by or registered with the FDA, Health Canada, the MHRA, any EU Notified Body or any other regulatory authority, and no such clearance is claimed.
1.3 Not a source of clinical truth. Output of the Software — parsed values, validation results, statistics, discovered specifications, anomaly findings, comparisons, documentation and any AI-generated narrative — is advisory only and may be incomplete, inaccurate or wrong. You must independently verify anything you rely on against the authoritative source system and the applicable HL7 standard before acting on it.
1.4 Not a substitute for testing. The Software does not certify, validate or guarantee any interface. Passing a check in the Software does not mean an interface is correct, safe or compliant.
2. Licence grant
2.1 Grant. Subject to your compliance with this Agreement and, for paid tiers, payment of the applicable fees, SquidSpark grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software for your internal business purposes.
SquidSpark may change which features sit in which tier in future releases. The tier assignment above describes the version this Agreement accompanies; a change of that kind applies to later releases and does not remove a feature from a paid term you have already bought.
2.3 Scope. One activation code entitles you to activate the number of seats stated in your order. A seat is a device, or — where your order says the licence is per user — a Windows user account on a device. Activating consumes an entitlement; deactivating releases it.
2.4 Reservation. The Software is licensed, not sold. SquidSpark and its suppliers retain all right, title and interest in the Software, including all intellectual property rights. You receive only the rights expressly granted here.
3. Restrictions — piracy, circumvention and abuse
You must not, and must not permit or assist anyone else to:
3.1 Copy or distribute. Copy the Software except for reasonable backup, or distribute, publish, sell, resell, rent, lease, lend, sublicense, host, or make it available to any third party, including as a service or bureau offering.
3.2 Share or traffic in licences. Disclose, share, publish, resell or transfer an activation code, or use a code you did not lawfully obtain from SquidSpark or an authorised reseller. An activation code is confidential to you.
3.3 Circumvent licensing. Bypass, disable, tamper with or attempt to defeat any licensing, activation, entitlement, trial-expiry or device-binding mechanism. Specifically, and without limiting the foregoing, you must not alter, delete, forge or transplant the licence file, the trial record (in the application data folder or the Windows registry), the machine identifier, or the system clock, in order to obtain entitlements you have not paid for, to restart or extend a trial, or to exceed your device count.
3.4 Reverse engineer. Reverse engineer, decompile, disassemble or otherwise attempt to derive source code, algorithms or the licensing protocol from the Software, except to the extent this restriction is expressly prohibited by applicable law (for example, permitted interoperability under Article 6 of Directive 2009/24/EC), and then only after requesting the necessary information from us in writing and allowing a reasonable time to respond.
3.5 Modify. Modify, adapt, translate or create derivative works of the Software, or combine it with other software so as to subject the Software to any open-source licence obligation.
3.6 Remove notices. Remove, obscure or alter any copyright, trademark, licence or attribution notice in or accompanying the Software, including THIRD-PARTY-NOTICES.md.
3.7 Benchmark and probe. Publish benchmarks or performance comparisons without our prior written consent, or conduct penetration testing, vulnerability scanning or load testing against the SquidSpark licence service without our prior written consent.
3.8 Misuse the licence service. Interfere with, overload, or attempt unauthorised access to the licence service or any SquidSpark system, or use automated means to generate, guess or validate activation codes.
3.9 Unlawful use. Use the Software in breach of any law, or in breach of any obligation you owe regarding patient data, confidentiality or data protection.
3.10 Enforcement. SquidSpark may suspend, revoke or refuse activation of any code it reasonably believes is being used in breach of this section, including a code that appears to be shared, published or used on more devices than licensed. Where practical we will contact you first; where the breach appears deliberate we may act immediately.
3.11 Records. Where you hold a multi-device licence, you will keep accurate records of your deployments and, on reasonable written notice and no more than once a year, provide a written statement confirming your device count. This is a self-certification; it does not entitle us to access your systems.
4. Your data and your responsibilities
4.1 Your data stays yours. The Software runs locally. HL7 messages you load, the database you point it at, and anything you export remain yours and under your control. SquidSpark does not receive them. See the Privacy Policy (PRIVACY.md, installed with the Software) for the complete description of what does and does not leave your machine.
4.2 Patient data is your responsibility. You are solely responsible for determining whether you may lawfully load a given dataset into the Software, for obtaining any consent or authority required, and for complying with HIPAA, PHIPA, the UK GDPR, the EU GDPR and any other law that applies to you. We strongly recommend using de-identified or synthetic data wherever it will do.
4.3 De-identification is best-effort. The Software's de-identification is a convenience feature. It is not certified, it is not guaranteed, and it cannot anticipate every place a site puts an identifier. You must review its output before treating any dataset as de-identified.
4.4 Sending data outward. Features that transmit — the MLLP sender, resubmission, and any AI provider you configure — send data to destinations you specify, using credentials you supply. You are responsible for choosing those destinations, for the consequences of transmitting to them, and for any third-party terms that then apply. Resubmission replays real messages into real systems: you are responsible for confirming you are pointed at the intended environment.
4.5 Backups. You are responsible for backing up your data and configuration. The Software is not a system of record and provides no backup, retention or recovery guarantee.
4.6 Credentials. You are responsible for safeguarding activation codes, API keys and database credentials, and for all activity under your device.
5. Third-party components and services
5.1 Components. The Software includes third-party components licensed under their own terms, listed in THIRD-PARTY-NOTICES.md. Those terms govern those components and, where they conflict with this Agreement in respect of that component, they prevail.
5.2 AI providers. Any AI provider you configure is a third-party service, supplied under that provider's own terms and privacy policy, using your own account and key. SquidSpark does not provide, control, endorse or accept responsibility for it, or for anything it returns. AI output is generated text: it may be plausible and wrong. Section 1.3 applies to it in full.
5.3 Standards. HL7® and HL7 v2 are the property of Health Level Seven International. Reference to them does not imply endorsement or certification.
6. Updates, changes and support
6.1 No obligation. SquidSpark may, but is not obliged to, provide updates, fixes or new versions. We may change, deprecate or remove features. Where a change is material and within our control, we will try to give reasonable notice.
6.2 Support. Support is provided only if and to the extent stated in your order or an active paid subscription. Nothing here obliges us to fix any particular defect within any particular time, or at all.
6.3 Free and trial tiers. Free and trial use is provided with no support, no service level and no uptime commitment of any kind.
7. Disclaimer of warranties
7.1 AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SQUIDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
7.2 Errors are expected. Software of this kind contains defects. We do not warrant that the Software will be error-free, uninterrupted, secure, or that it will produce correct, complete or consistent results, that defects will be corrected, or that it is free of harmful components.
7.3 Documentation and descriptions. Help text, tooltips, field and segment descriptions, validation messages, marketing statements, roadmaps and any other description of the Software are provided for convenience. They may be incomplete, out of date, ambiguous or inaccurate, and they do not constitute a warranty, representation or commitment. Where behaviour and description differ, no liability arises from the description. Your remedy for a feature that does not suit you is to stop using it.
7.4 Reliance. You accept that you are using the Software at your own risk, that you are responsible for verifying its output, and that you will not use it as the sole basis for any decision with clinical, financial, legal or operational consequence.
7.5 Statutory rights. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Where you deal as a consumer, your non-excludable statutory rights are unaffected.
8. Limitation of liability
8.1 Excluded losses. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUIDSPARK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS, CONTRACT OR OPPORTUNITY; ANY LOSS OR CORRUPTION OF DATA; ANY COST OF SUBSTITUTE SOFTWARE OR SERVICES; ANY BUSINESS INTERRUPTION; OR ANY CLAIM ARISING FROM PATIENT DATA BEING DISCLOSED, ALTERED OR TRANSMITTED THROUGH YOUR USE OF THE SOFTWARE — in each case however caused and on any theory of liability, whether or not SquidSpark has been advised of the possibility.
8.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SQUIDSPARK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE GREATER OF (a) THE FEES YOU ACTUALLY PAID FOR THE SOFTWARE IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (b) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
8.3 Free and trial use. WHERE YOU HAVE PAID NOTHING — FREE TIER OR TRIAL — SQUIDSPARK'S TOTAL AGGREGATE LIABILITY IS LIMITED TO ONE HUNDRED CANADIAN DOLLARS (CAD $100).
8.4 What is never excluded. Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
8.5 Allocation of risk. You acknowledge that the fees reflect this allocation of risk, that these limits are a fundamental basis of the bargain, and that they apply even if a limited remedy fails of its essential purpose.
9. Indemnity
You will defend, indemnify and hold harmless SquidSpark and its officers, employees and suppliers against any claim, damage, loss, liability, cost and expense (including reasonable legal fees) arising out of or related to: (a) your use of the Software; (b) any data you load into, transmit with, or export from it; (c) your breach of this Agreement or of section 3; (d) your breach of any law or of any obligation regarding patient data; or (e) any decision made in reliance on the Software's output.
10. Term and termination
10.1 Term. This Agreement runs from your first installation or use until terminated.
10.2 Termination by you. You may terminate at any time by uninstalling and destroying all copies. Fees already paid are non-refundable except as stated in your order or as required by law.
10.3 Termination by us. This Agreement terminates automatically, without notice, if you breach section 2 or section 3. We may otherwise terminate on reasonable notice.
10.4 Effect. On termination you must stop using the Software and remove all copies. Note that the trial record described in the Privacy Policy is retained by design to prevent trials being restarted, and is not removed by uninstalling.
10.5 Survival. Sections 1, 3, 4, 5, 7, 8, 9, 10.4, 10.5 and 11 survive termination.
11. General
11.1 Governing law and venue. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts located in Toronto, Ontario have exclusive jurisdiction over any dispute arising out of or related to this Agreement, and each party submits to that jurisdiction — except that SquidSpark may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or enforce section 3. Consumers may retain the right to bring proceedings in their place of residence.
11.2 Export and sanctions. You confirm you are not located in, and will not use or export the Software in breach of, any applicable export-control or sanctions regime.
11.3 Entire agreement. This Agreement, together with the Privacy Policy, the third-party notices and any written order, is the entire agreement between us on this subject and supersedes all prior statements. Nothing said in marketing, demonstrations or support correspondence adds any obligation or warranty.
11.4 Changes. We may amend this Agreement for future versions. The version accompanying a release governs that release. Continuing to use a new version after its terms are presented means you accept them.
11.5 Severability. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest remains in force.
11.6 No waiver. A failure to enforce any provision is not a waiver of it.
11.7 Assignment. You may not assign this Agreement without our written consent. We may assign it as part of a merger, acquisition or sale of assets.
11.8 Force majeure. Neither party is liable for failure caused by events beyond its reasonable control.
11.9 Severable tiers. If you hold more than one tier or order, the terms of the applicable order prevail over the defaults in section 2 for that deployment.
© SquidSpark Inc. All rights reserved. HealthFlow7™ is a trademark of SquidSpark Inc.