NHS England terminology server end user agreement

1.1 Please read this End User Agreement carefully before you start to use the NHS England Terminology Server

1.2. This is version 2.00 of this End User Agreement, which was published on 1 February 2023.

2.1 The following definitions are used in this End User Agreement:

Authenticated User means a user that requires access to restricted content and/or requires update permissions within the Terminology Server. These users will require a Terminology Server account and will be required to login to the Terminology Server.

Authoring Tool means a component of the Terminology Server that enables end users to create and maintain FHIR compliant CodeSystems, ValueSets and ConceptMaps.

Classification means a set of standardised groupings of information that allow for the translation of medical terminology used in health care settings into codes that can be easily tabulated, aggregated, and sorted for statistical analysis in an efficient and meaningful manner.

Content Licences Agreement means an agreement which includes all licences for the individual terminologies and classifications held as terminology resources within the Terminology Server, setting out the terms and conditions under which a User may use the content within the Terminology Server.

End-User Agreement means this agreement (together with the documents and links referred to in it) setting out the terms and conditions under which users may use the Terminology Server.

Intellectual property rights means (a) patents, utility models, petty patents, rights in trade secrets and other confidential or undisclosed information (such as inventions (whether patentable or not or know-how), registered designs, database rights, design rights, rights in copyright (including moral rights),  semiconductor topography rights, mask work rights, and trademarks: (b) all registrations or applications to register any of the rights referred to in paragraph (a); and (c) all rights in the nature of any of the rights referred to in paragraph (a) including continuations, continuations in part and divisional applications, rights in unfair competition and, without prejudice to anything else in this definition, rights to sue for passing-off and rights having the  equivalent or similar effect to, and the right to apply for any of the rights listed in this definition, in any country or jurisdiction.

NHS England Terminology Server is synonymous with the term Terminology Server.

Non-authenticated user means a user that requires access to public content and does not require update permissions within the Terminology Server. These users will not require a Terminology Server account and will not be required to login to the Terminology Server.

Service provider means the contracted organisation (DH OpCo UK Ltd) providing the Terminology Server.

Terminology mean a set of codes used in healthcare settings that describe a patient's complaint, problem, diagnosis, treatment, or other reason for seeking medical attention.

Terminology Resource means the FHIR resources (CodeSystems, ValueSets and ConceptMaps) within the Terminology Server.

Terminology Server means the system comprising the Terminology Service and Authoring Tool and includes Ontoserver, Atomio, Ontocloak, Snapper, Shrimp and OntoAdmin software components and is provided by the Service Provider.

Terminology Service means a component of the Terminology Server that enables healthcare applications make use of codes and value sets without having to become experts in the fine details of CodeSystem, ValueSet and ConceptMap resources, and the underlying code systems and terminological principles (as defined within FHIR).

User means either an Authenticated User or a Non-Authenticated User.

Virus means computer viruses, trojans, worms, logic bombs, disabling code or routines, or other materials which are malicious or technologically harmful.

We, our, us are references to NHS England.

You or your means an individual User accessing and using the NHS England Terminology Server.

3.1. This End User Agreement (together with the documents and links referred to in it) set out the terms and conditions under which you may use the Terminology Server.

3.2. You may access and use the Terminology Server as an authenticated user or as a non-authenticated user.

3.2.1 When accessing and using the Terminology Server as an authenticated user, you may do so only if you:

i register for a Terminology Server account, and as part of the registration process you will be required to accept this End User Agreement and the content licences agreement;

ii agree to be legally bound by this end user agreement and the content licences agreement every time you access the Terminology Server. If at any time you do not agree to be legally bound by this End User Agreement and the content licences agreement you must not access or use the Terminology Server.

3.2.2 When  accessing and using the Terminology server as a non-authenticated user, you may do so only if you:

1. only require read access to content that has been published into the public domain (such as under the Open Government Licence); and
2. agree to be legally bound by this End User Agreement every time you access the Terminology Server. If at any time you do not agree to be legally bound by this End User Agreement you must not access or use the Terminology Server.

3.3  By using the Terminology Server, you accept and consent to the terms described in this End User Agreement and, where applicable, the Content Licences Agreement (such use of the Terminology Server includes accessing, viewing, interacting with, logging in to, downloading materials or data from, uploading content, or using the Terminology Server in any other way) and you agree to comply with them.

4.1. We may make changes at our discretion to the content and features of the Terminology Server, this end user agreement, the privacy policy, and any other policies or links applicable to your use of the Terminology Server, at any time and for any reason. We will use all reasonable endeavours to notify you in advance of the implementation of any such changes, but reserve the right to make urgent or necessary changes without providing advance notice of those changes to you.

4.2. Every time you wish to use the Terminology Server, please ensure that you understand and agree to the provisions that apply at the time. The date of the most current version of this end user agreement is set out above in paragraph 1.2.

4.3. Following an update to the End User Agreement, you may not be able to use the Terminology Server (or any of its functions, or access data) until you have accepted any new or additional terms.

5.1 When you access the Terminology Server, we process information about you. We will only use your personal information in accordance with our privacy policy. By using the Terminology Server you warrant that all data provided by you for verification of identity, access, and security purposes is accurate.

6.1 The data rights and responsibilities of NHS England are governed by the Freedom of Information Act 2000, the General Data Protection Regulation 2016/679, and the Data Protection Act 2018.

Find our policy and other information on this topic.

7.1 Your status as a user of the Terminology Server requires that you will be accessing as an authenticated user or non-authenticated user and have accepted the terms laid out in paragraph 3.2 above. We reserve the right to remove your status as a User of the Terminology Server at our discretion.

7.2. We make no assumption that your access to the Terminology Server will be from within England, and we are not responsible or liable for your compliance with any local laws, appropriate to the geographic area from which you seek to access the Terminology Server. We may limit the availability of the Terminology Server to any person or geographic area at any time at our discretion.

7.3. You recognise that the Terminology Server is a service available to other Users, and that access or capacity may on occasion be limited. You will comply with any guidance as to fair use that may be given by us from time to time. You recognise that we may need to suspend or limit usage that is in excess of fair usage at our discretion or where we consider it may impact other Users.

7.4. In using the Terminology Server, you are giving us or the Service Provider permission to monitor your use of the Terminology Server and take actions that may be necessary in relation to any breach by you of the terms of this end user agreement.

7.5. We do not guarantee or warrant that the Terminology Server will be secure or free from viruses, that the functions of the Terminology Server will be uninterrupted or error free, that defects will be corrected, or represent the full functionality, accuracy, or reliability of the materials or data.

8.1 The Terminology Server includes two UI components (Shrimp and Snapper) which are compliant with WCAG 2.1 (Level AA or higher) and these components work on the majority of browsers in use.

8.2 We offer no warranty for the Terminology Server working in any particular browser or configuration. Please note that you may see inconsistencies in the presentation of pages if you are using an older or deprecated version of a browser, or the Terminology Server may not work at all.

Find out more about accessibility.

9.1 This section of the End User Agreement only applies where you are accessing the Terminology Server as an authenticated user.

9.2 In order to use the Terminology Server and/or access certain content or features of the Terminology Server as an authenticated user, you will be required to complete a registration process. This will include providing a username and password, for example using your NHS Mail account, as the method for your logins to the Terminology Server. You may be asked to provide additional information as required by your chosen method for logging in.

9.3.  As a minimum, passwords you set for use with the Terminology Server must have a level of complexity which ensures they cannot be easily guessed by hackers or malicious software (visit the government’s Cyber Aware website for advice). They should

1. be at least twelve characters long;
2. not contain your user name or real name; and
3. not use sequential key characters on the keyboard (e.g. qwerty, asdfg. 12345).

9.4. You may be prompted to change your login details, or manually enter your login details from time to time as a security measure.

9.5. You agree to provide accurate and current information about yourself when registering for and using the Terminology Server and you agree to keep this information up to date and accurate at all times.

9.6. You must treat your password as confidential and you must not disclose it to anyone. If you know or suspect that anyone other than you know your password or that your access to the Terminology Server has been compromised, you must promptly:

1. change your password (if possible to do so);
2. notify the NHS England National Service Desk by writing to [email protected] or by calling +44 300 303 5035.

9.7. If or when you no longer require to access the Terminology Server as an authenticated user, you should contact [email protected] and request that your Authenticated User account be deleted.

10.1. You may only use the Terminology Server for lawful purposes and in accordance with this End User Agreement, and agree not to access without authority, interfere with, damage or disrupt:

1. any part of the Terminology Server or any of the data found therein;
2. any equipment or network on which the Terminology Server is stored;
3. any software or services used in the provision of the Terminology Server; and/or
4. any equipment or network or software owned or used by any third-party.

10.2. You may not use the Terminology Server:

1. in any way that breaches this End User Agreement or any applicable local, national, or international law or regulation;
2. unlawfully, fraudulently, maliciously, or in any way that is harmful to us, any third party or other users, that has any unlawful, fraudulent, malicious, or harmful purpose or effect;
3. to send, knowingly receive, upload, download, use or re-use any material which you do not have the right to do so or which does not comply with this End User Agreement;
4. to knowingly send or transmit any data that contains Viruses;
5. with the login details of another user, or permit any unauthorised person to use your login details to use the Terminology Server;
6. in any way which would change the Terminology Server or infringe on any Intellectual Property Rights in relation to using the Terminology Server;
7. in any way which attempts to unencrypt or otherwise intercept any transmission of data to or from the Terminology Server or any applicable third parties;
8. in any way which could disable or compromise the security of the Terminology Server;
9. to stage, ingest or manually input person, personal or patient related data into the Terminology Server (other than relating to the management of user accounts for accessing the Terminology Server); or
10. in any way, to export a Terminology Resource where it will breach the terms of the licence for that Terminology Resource (as stated in the Content Licences Agreement).

11.1. The Intellectual Property Rights pertaining to your use of the Terminology Server content are set out in the applicable licence agreements for Terminology Resources (which are contained within the Content Licences Agreement).

11.2. NHS England or its licensors own all Intellectual Property Rights in the Terminology Server and the NHS England content. Your licence to use the Terminology Server and the NHS England content is as set out in this End User Agreement and applies whilst you are an authorised user of the Terminology Server.

12.1. You may only upload content to the Terminology Server where we have provided you with suitable permissions and where any licence relating to that content allows you to do so.

12.2  Whenever you make use of a feature that allows you to upload content to the Terminology Server, or to make contact with other Users of the Terminology Server, you must comply with the content standards set out in this End User Agreement and the Content Licences Agreement. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

12.3  Any content you upload to the Terminology Server will be considered non-confidential and non-proprietary. Subject to the terms of the Content Licences Agreement you will retain all of your ownership rights in your content, but you are required to grant us and other Users of the Terminology Server a limited, irrevocable, non-exclusive, royalty free licence to use, store and copy that content and to distribute and make it available to third parties.

12.4   We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Terminology Server constitutes a violation of their intellectual property rights, or of their right to privacy.

13.1. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Terminology Server; or (ii) any loss in connection with any error, omission, defect, virus, or system failure.

13.2. We will not be liable for any loss or damage caused by a Virus which may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the Terminology Server or in relation to your downloading of any content or data from the Terminology Server, or on or from any third party website linked to the Terminology Server.

13.3. We do not assume any responsibility for the content of third-party websites which may be linked on the Terminology Server. Such links should not be interpreted as an endorsement of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

13.4. To the extent permitted by law, we exclude all other conditions, warranties, representations or other terms which may apply to the Terminology Server or any data or content on it, whether express or implied.

13.5. You agree to reimburse us for any losses that we incur as a result of your:

1. breach of, or failure to comply with, this End User Agreement; or
2. unauthorised use of the Terminology Server.

14.1. We do not guarantee that the Terminology Server will always be available or that your use of the Terminology Server will be uninterrupted.

14.2. We may suspend, withdraw, discontinue or change all or any parts of the Terminology Server without notice and without compensation to you.

14.3. We may, at any time, suspend or terminate your login details and/or use of the Terminology Server (in whole or in part) temporarily or permanently. We may do this:

1. if we, or the service provider, are making repairs, updates, or conducting maintenance on Terminology Server tools and systems;
2. if we or the Service Provider have concerns about the security of the Terminology Server;
3. if we suspect that your login details have been compromised or used fraudulently or in an unauthorised way;
4. if we suspect that you may be using the Terminology Server or any data in a fraudulent or unauthorised way or in violation of this End User Agreement;
5. if there are legal obligations which we or the service provider have to meet;
6. if we or the service provider are prevented from providing the Terminology Server for any reason beyond our reasonable control;
7. if you have not accessed or used the Terminology Server for a period of 12 months or more; or
8. for any other reason at our absolute discretion.

14.4. We will endeavour to give you advance notice of any suspension or termination, but may not be able to do so in all circumstances. We will not provide notice to you if providing that notice would compromise our security measures or is unlawful.

14.5. You may request the reactivation of your login details if we suspend or terminate your access, but we are under no obligation to do so.

14.6. We will not be liable to you if for any reason any part of the Terminology Server is unavailable or inaccessible to you at any time or for any period.

14.7 On termination of this End User Agreement or your right to use the Terminology Server, you must stop using the Terminology Server. 

15.1. You are responsible for configuring and maintaining the security of your own accessing device or system in order to access the Terminology Server safely.

15.2. You must not misuse the Terminology Server by knowingly introducing Viruses. You must not attempt to gain unauthorised access to the Terminology Server, the server on which the Terminology Server or related data is stored, or any server, computer or database connected to the Terminology Server. You must not attack the Terminology Server via a denial-of-service attack or a distributed denial-of service attack.

16.1. By registering to use the Terminology Server and receiving login details, you are giving us permission to contact you from time to time by using any of the contact details which you have provided during the registration process. You may update your contact details at any time when logged in on the Terminology Server.

16.2. You are responsible for keeping us updated if your contact details change. We are not responsible if we are not able to contact you, or if your contact details are out of date.

17.1. If any part of this End User Agreement becomes or is held by a court to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining provision which will remain in full force and effect.

17.2. Ceasing to use the Terminology Server does not affect any provision of this End User Agreement, which are expressly or by implication intended to continue on in effect.

17.3. We may transfer our rights and obligations under this End User Agreement to another organisation at any time and at our discretion. You may not transfer your rights or obligations to anyone else.

17.4. No attempt by you to vary this End User Agreement will be valid.

17.5. This End User Agreement, its subject matter and formation (and any non-contractual disputes or claims), and the use of the Terminology Server, are governed by English law. We both agree to the exclusive jurisdiction of the courts of England in respect of any disputes or causes of action arising under these terms and conditions or the use of the Terminology Server.

18.1 If you have any queries about the use of the Terminology Server or this End User Agreement, please contact us by email or post.

Email: [email protected] - include the following in your email subject line: NHS England Terminology Server.

Post: NHS England, 7 and 8 Wellington Place, Leeds, West Yorkshire, LS1 4AP, United Kingdom - include the following reference in your letter: NHS England Terminology Server.