Terms of Service

1. The Services

Hubble provides infrastructure that connects applications to healthcare data systems, including electronic health records (EHRs), payers, and health information exchange (HIE) networks, and exposes that connectivity through APIs. Hubble is a data-access intermediary: it transmits and organizes data from connected systems but is not the source of, and does not independently verify or warrant the accuracy or completeness of, those records. We may update, add, or remove features over time.

2. Eligibility and accounts

You must be able to form a binding contract and, if using the Services on behalf of an organization, be authorized to bind it. You are responsible for your account, including keeping credentials and API keys confidential and for all activity under your account. Notify us promptly at security@hubble.ai if you suspect any unauthorized access or use.

3. Your data

As between the parties, you retain all rights in the data you submit to or access through the Services and in the applications you build. You grant Hubble the limited, non-exclusive rights necessary to operate and provide the Services, to prevent or address security or technical issues, and as otherwise permitted by these Terms and any applicable Business Associate Agreement. We do not sell your data.

4. Your responsibilities

You are responsible for obtaining and maintaining all authorizations, consents, and legal bases required to access, transmit, and use data through the Services, including valid patient authorization for patient-mediated access. You will comply with all applicable laws and with the requirements of the connected systems and networks you access, and you will provide your own end users with any terms and privacy notices required for your application.

5. Protected health information and HIPAA

To the extent Hubble creates, receives, maintains, or transmits Protected Health Information (“PHI,” as defined under HIPAA) on your behalf, the parties’ respective obligations are governed by a separate Business Associate Agreement (“BAA”). If a BAA is required for your use of the Services and one has not been executed, you must not transmit PHI through the Services. If there is any conflict between the BAA and these Terms with respect to PHI, the BAA controls.

6. Acceptable use

You agree not to, and not to enable or permit others to:

• access, request, or use data without the proper authorization, consent, or legal basis;
• attempt to re-identify de-identified data, or combine data to identify individuals without authorization;
• use the Services in violation of any applicable law or the rights of any person, or for any unlawful, deceptive, or harmful purpose;
• interfere with, disrupt, or place undue load on the Services, or circumvent rate limits, quotas, authentication, or access controls;
• reverse engineer, decompile, or attempt to derive source code from the Services, except to the extent that restriction is prohibited by law;
• resell, sublicense, or provide the Services to third parties except as expressly permitted; or
• use the Services to build a competing product or to scrape or copy the Services.

7. API terms

Use of the APIs is subject to our documentation and any published rate limits or quotas. We may modify, deprecate, or discontinue APIs or features; where a change is materially breaking, we will use commercially reasonable efforts to provide advance notice. You are responsible for the applications you build and for your end users’ use of them.

8. Fees

Fees, billing, taxes, and payment terms for paid use of the Services are set out in a separate order form or subscription agreement between you and Hubble. Those commercial terms are incorporated into and governed by these Terms. If there is any conflict between an order form and these Terms regarding fees, the order form controls.

9. Confidentiality

Each party may receive the other’s confidential information in connection with the Services. Each party will use the other’s confidential information only to perform under these Terms, protect it with at least reasonable care, and not disclose it except to personnel and service providers who need it and are bound by comparable obligations, or as required by law. Handling of PHI is governed by the BAA rather than this section.

10. Intellectual property

Hubble and its licensors retain all right, title, and interest in the Services, including all software, APIs, and documentation, and all related intellectual property. Except for the limited rights expressly granted to you here, no rights are granted by implication. Feedback you provide about the Services may be used by Hubble without restriction.

11. Warranties and disclaimers

Except as expressly stated in these Terms or an applicable order form, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. Hubble does not provide medical advice, diagnosis, or treatment, and the Services are not a substitute for professional clinical judgment.

12. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages. Each party’s total aggregate liability arising out of or relating to these Terms will not exceed the greater of (a) the total fees you paid or owe Hubble for the Services in the six (6) months before the events giving rise to the claim (the date the cause of action first arose), or (b) one hundred U.S. dollars (US $100). These limitations do not apply to the extent they are prohibited by law.

13. Indemnification

You will defend, indemnify, and hold Hubble harmless from and against third-party claims, damages, and costs (including reasonable attorneys’ fees) arising from your data, your applications, your use of the Services, or your breach of these Terms or applicable law, including any failure to obtain required authorizations or consents. Hubble will defend you against third-party claims that the Services, as provided by Hubble, infringe that third party’s intellectual property rights, subject to customary exclusions.

14. Suspension and termination

We may suspend or terminate your access to the Services if you breach these Terms, or as needed to protect the Services, other customers, or the security or integrity of data. You may stop using the Services at any time. Upon termination, your right to use the Services ends; provisions that by their nature should survive termination (including Sections 9–13) will survive.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the portal or to your account email, and the “last updated” date above will change. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance.

16. Governing law and disputes

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. The parties will first attempt to resolve any dispute informally by contacting each other. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Washington, and the parties consent to the personal jurisdiction of those courts.

17. General

These Terms, together with any order form and applicable BAA, are the entire agreement between the parties regarding the Services. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. We may provide notices through the portal or to your account email. Neither party is liable for delays or failures caused by events beyond its reasonable control.

18. Contact

Questions about these Terms can be sent to legal@hubble.ai.