TERMS AND CONDITIONS FOR USE OF SURESCRIPTS NETWORK AND SURESCRIPTS SERVICES

Last Updated: April 7, 2026

KeyCentrix, LLC makes the Surescripts Network and Surescripts Services available to its customers through its technology partner, RelayHealth. Surescripts and RelayHealth require that KeyCentrix, LLC customers that use the Surescripts Network and Surescripts Services (Pharmacy Customers or Pharmacy End Users defined below) be bound by the following terms and conditions. Your continued use of the Surescripts Network and Surescripts Services constitutes Your agreement and consent to be bound by the following terms and conditions. If you do not agree to be bound by the following terms and conditions, you must immediately stop using the Surescripts Network and Surescripts Services.

1. Terms and Conditions

By accessing the Surescripts Network and Surescripts Services that are necessary for RelayHealth to provide the Electronic Prescription Service (the “Surescripts E-Prescribing Services”), the individual or entity accessing the Surescripts Network and Services agrees to the following terms and conditions of use of the Surescripts Network and Services (the “Customer Terms”). At the direction of Surescripts, or as may be necessitated by RelayHealth’s agreement with Surescripts, RelayHealth may modify or supplement these Customer Terms from time to time and such modified or supplemented Customer Terms shall become effective at the time set forth in such modification or supplement.

2. Definitions

a. “Agreement” means the customer agreement between RelayHealth Customer and a Pharmacy Customer or a Pharmacy End User.

b. “Applicable Law” means any and all applicable federal, state, and local laws, common law, rules, and regulations, directives, and guidelines, including but not limited to the Health Insurance Portability and Accountability Act (“HIPAA”) and related regulations; the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and related regulations; the Anti-Kickback provisions of the Social Security Act and related regulations; and the federal Physician Self-Referral Prohibition provisions of the Social Security Act and related regulations.

c. “Confidential Information” means information, whether or not it is reduced to writing or marked, which is disclosed from RelayHealth, Surescripts or RelayHealth Customer to Pharmacy End User, in connection with these Customer Terms or the Agreement, that is (1) nonpublic information, (2) a trade secret under Applicable Law, or (3) is information that a reasonable person in the field should know is confidential or proprietary based on the context or the content of the disclosure.

d. “Government” or “Governmental” means any United States local, state, or federal government or governmental authority.

e. “Pharmacy Customer” means a licensed pharmacy located in the United States or United States territory that is (i) duly licensed or registered with the appropriate Government authority to fill prescription orders; (ii) has entered into a business associate agreement with RelayHealth or a Pharmacy Technology Vendor; and (iii) has entered into a written agreement with RelayHealth or a Pharmacy Technology Vendor to receive the Services from RelayHealth or the Pharmacy Technology Vendor via the Surescripts Network.

f. “Pharmacy End User” means an individual, located in the United States or a United States territory, who: (i) is employed by, an active member of the pharmacy staff of, or otherwise performs healthcare services as a legally authorized representative of a RelayHealth Customer; (ii) has been provided instructions by a RelayHealth Customer regarding the Surescripts Services and these Customer Terms; and (iii) is properly and duly licensed, registered, or is otherwise authorized with the appropriate Governmental authority to perform the applicable healthcare services, as required by Applicable Law.

g. “Pharmacy Technology Vendor” means an entity located in the United States or a United States territory that (i) has entered into a business associate agreement with RelayHealth, (ii) has entered into a written agreement with RelayHealth to receive Services, and (iii) distributes the Services received under the written agreement, with RelayHealth, to Pharmacy Customers and Pharmacy End Users.

h. “Private Information” means: (i) Nonpublic Personal Financial Information and, as applicable, Nonpublic Personal Health Information, as defined by the Gramm-Leach-Bliley Act; or (ii) any data or information that: (1) relates to an individual, and (2) identifies or can reasonably be believed to form the basis for identifying an individual (such as, but not limited to, an
individual’s name, postal address, e-mail address, telephone number, date of birth, Social Security number, driver’s license number, financial account number, or any other unique identifier), in each case, that is provided to RelayHealth by Surescripts pursuant to the Agreement. Private Information does not include Protected Health Information (“PHI”), as defined under HIPAA and related regulations, created, or received on behalf of, or received from Surescripts.

i. “RelayHealth Customer” means KeyCentrix, LLC.

j. “Service Levels” means the qualitative and quantitative performance standards applicable to the Surescripts Services as set forth in the Surescripts Network Operations Guide.

k. “Surescripts Data” means any data or information relating to Surescripts, or its services or operations, provided to RelayHealth Customer or Pharmacy 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.

l. “Surescripts Materials” means the Implementation Guide, the Surescripts Network Operations Guide, the Surescripts Style and Usage Guide, the CA Certification Practices Statement, and other materials that Surescripts provides or makes available to RelayHealth Customer or Pharmacy End Users, through RelayHealth, to enable its participation in the Surescripts Network for the Surescripts Services, as such materials may be further developed or modified by Surescripts from time to time. For Customers accessing the Surescripts’ E-Prescribing Service, the Surescripts Materials shall also include the Surescripts Certification Guide, the Surescripts Network Certification Requirements document, and the Directory Guide.

m. “Surescripts Network” means the Surescripts proprietary technology for a secure, nationwide, interoperable health information infrastructure, including Surescripts Materials, interfaces, functionality, and transaction maps made available by Surescripts to RelayHealth for resale to RelayHealth customers pursuant to this these Customer Terms, as such infrastructure may be further modified or developed by Surescripts from time to time.

n. “Surescripts Services” or “Services” means those services provided by Surescripts.

o. “Treatment” has the same meaning as set forth in 45 C.F.R. § 164.501 and as may be amended from time to time.

3. Customer Agreements

Pharmacy Customers and Pharmacy End Users expressly acknowledge that their agreement with RelayHealth Customer is subject to and subordinate in all respects to the terms and conditions of the Customer Terms.

4. Termination

Notwithstanding anything in the Agreement to the contrary, RelayHealth may terminate the Surescripts’ E-Prescribing Service immediately in the event that Surescripts is no longer performing the Surescripts’ E-Prescribing Service or the terms of the agreement between RelayHealth and Surescripts pursuant to which RelayHealth may provide the Surescripts’ E-Prescribing Service are no longer in force or effect. In such event, RelayHealth Customer will notify Pharmacy Customers and Pharmacy End Users as soon as reasonably practicable.

5. Changes Required by Surescripts

If Surescripts makes any addition or modification to the Surescripts Network that is not required to comply with Applicable Law, Pharmacy Customers and Pharmacy End Users shall (if applicable) complete any and all corresponding additions and modifications required to be made to RelayHealth Customer’s software as a result of the change to the Surescripts Network within: (i) six (6) months after the date of Surescripts’ sending of written notice of such change to RelayHealth or (ii) such later date as mutually agreed upon by Surescripts and RelayHealth.

6. Surescripts Materials

To the extent applicable, Pharmacy Customers and Pharmacy End Users shall fully comply with the terms and conditions of the Surescripts Materials.

7. Message Transmission

Pharmacy Customers and Pharmacy End Users (if applicable) shall conduct identity proofing and authentication sufficient to comply with the Surescripts Materials, Applicable Law, and industry standards to Surescripts’ reasonable satisfaction to confirm that all messages transmitted via the Surescripts Network originate from Pharmacy Customers and Pharmacy End Users who are licensed to use the application for the Service(s) for which Surescripts has certified the application, and who are registered (directly or indirectly) with RelayHealth.

8. Customer Audit

Pharmacy Customers and Pharmacy End Users shall allow RelayHealth Customer, RelayHealth and/or Surescripts, itself or through its designee, to access, inspect, and audit records of Pharmacy Customer’s and Pharmacy End User’s use of the Surescripts Network, Services, Surescripts Data, and data or information provided by Participants, including, but not limited to, a copy of the business associate agreement between Pharmacy Customers or Pharmacy End Users and RelayHealth Customer for the purpose of verifying adherence to Service Levels or compliance with other terms and conditions of these Customer Terms. Any such inspection or audit may be performed not more than once annually during Pharmacy Customer’s or Pharmacy End User’s regular business hours. Any expenses of any such inspection or audit shall be paid by the party conducting such inspection or audit.

9. Distribution limitations

Pharmacy Customers and Pharmacy End Users (as applicable) shall comply with the following distribution limitations:

a. Do not distribute the Services to health plans, the general public, patients, health information exchanges, health information networks, qualified health information networks, and pharmaceutical companies;

b. Pharmacy End Users may not distribute the Services, and any attempt at the distribution of the Services from Pharmacy Customers to its customers shall be null and void and have no effect.

c. Pharmacy Customers may not distribute the Services, and any attempt at the distribution of the Services from Pharmacy Customers to its customers shall be null and void and have no effect.

10. Patient Consent and Authorizations

Pharmacy Customers and Pharmacy End Users shall transmit information pursuant to the applicable Surescripts Service in accordance with the Surescripts Materials for the particular Service and in accordance with Applicable Law. Pharmacy Customers and Pharmacy End Users shall ensure that all patient consents and/or authorizations required by Applicable Law have been obtained prior to requesting, providing, or accessing any of the Services or information through the Surescripts Network and that Pharmacy Customers and Pharmacy End Users have certified to such. Pharmacy Customers and Pharmacy End Users acknowledge that Data Sources may impose additional privacy and patient consent policies on the delivery of Private Information and/or PHI through the Surescripts Network, which shall be communicated to the Pharmacy Customers and Pharmacy End Users by RelayHealth Customer and Pharmacy Customers and Pharmacy End Users shall implement such policies.

11. Covered Entities and Business Associates

If Pharmacy Customers or Pharmacy End Users are a covered entity, then Pharmacy Customers or Pharmacy End Users shall comply with Applicable Law to the extent applicable. If Pharmacy Customers and Pharmacy End Users are a business associate of a covered entity, then Pharmacy Customers and Pharmacy End Users shall comply with the provisions of its business associate agreements and Applicable Law.

12. Protection of Confidential Information

Pharmacy Customers and Pharmacy End Users shall maintain the confidentiality of Surescripts’ Confidential Information and maintain the confidentiality of Surescripts’ Confidential Information with no less than a reasonable degree of care.

13. NO SUBSTITUTION FOR WRITTEN PRESCRIPTION OR DOCUMENTATION

THE SURESCRIPTS NETWORK IS NOT INTENDED TO SERVE AS A REPLACEMENT FOR: (I) A WRITTEN PRESCRIPTION WHERE NOT APPROVED AS SUCH BY THE APPROPRIATE GOVERNMENTAL AUTHORITIES OR WHERE SUCH WRITTEN PRESCRIPTION IS REQUIRED FOR RECORD KEEPING PURPOSES; OR (II) APPLICABLE PRESCRIPTION DOCUMENTATION. USE OF THE SURESCRIPTS NETWORK IS NOT A SUBSTITUTE FOR A HEALTH CARE PROVIDER’S STANDARD PRACTICE OR PROFESSIONAL JUDGMENT. ANY DECISION WITH REGARD TO THE APPROPRIATENESS OF TREATMENT, OR THE VALIDITY OR RELIABILITY OF INFORMATION, IS THE SOLE RESPONSIBILITY OF A PATIENT’S HEALTH CARE PROVIDER.

14. Compliance with Applicable Law

Pharmacy Customers and Pharmacy End Users shall perform their obligations under these Customer Terms in a manner that complies with Applicable Law.

15. Indemnification

Pharmacy Customers and Pharmacy End Users shall indemnify and save harmless RelayHealth Customer, RelayHealth, Surescripts from and against any and all loss, damage or expense (or claims of damage or liability) asserted against RelayHealth Customer, RelayHealth or Surescripts by third parties arising out of any breach by Pharmacy Customers and Pharmacy End Users of these Customer Terms or any related flow down terms of RelayHealth or Surescripts. For the avoidance of doubt, the indemnification obligations outlined in the preceding sentence shall not be subject to any limitation of liability otherwise provided for in the Agreement.

16. PROHIBITION ON RECONFIGURATION

PHARMACY CUSTOMERS AND PHARMACY END USERS SHALL NOT RECONFIGURE OR DISABLE ANY PORTION OF A SOFTWARE THAT IS CERTIFIED BY SURESCRIPTS.

17. AVAILABILITY OF NETWORK PARTICIPANTS

SURESCRIPTS MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY THROUGH THE SURESCRIPTS NETWORK OF ANY PARTICIPANT IN THE SURESCRIPTS NETWORK. AT ANY TIME, PARTICIPANTS IN THE SURESCRIPTS NETWORK MAY BE ADDED TO OR DELETED FROM THE SURESCRIPTS NETWORK AND SUCH CHANGES MAY OCCUR WITHOUT PRIOR NOTICE TO PHARMACY CUSTOMERS AND PHARMACY END USERS.

18. OTHER USE LIMITATIONS

PHARMACY CUSTOMERS AND PHARMACY END USERS SHALL NOT USE, DISCLOSE, CAPTURE, OPEN, EXAMINE, MODIFY, ADD COMMERCIAL OR OTHER MESSAGES TO, REPACKAGE, DISTRIBUTE, LICENSE, SELL OR MAKE ANY COMMERCIAL USE OF ANY DATA OR INFORMATION PROVIDED BY SURESCRIPTS IN CONNECTION WITH THE SERVICES PROVIDED UNDER THIS AGREEMENT, EXCEPT AS EXPRESSLY AUTHORIZED IN THIS AGREEMENT.

19. LIMITATIONS OF THE SURESCRIPTS NETWORK

SURESCRIPTS USES AVAILABLE TECHNOLOGY TO MATCH PATIENT IDENTITIES WITH THEIR HEALTH PLAN AND/OR PHARMACY BENEFIT MANAGER. BECAUSE PATIENT INFORMATION IS MAINTAINED IN MULTIPLE PLACES, NOT ALL OF WHICH ARE ACCESSIBLE TO SURESCRIPTS, AND BECAUSE NOT ALL PATIENT INFORMATION IS KEPT IN A STANDARD FASHION OR IS REGULARLY UPDATED, IT IS POSSIBLE THAT FALSE MATCHES MAY OCCUR OR THAT THERE MAY BE ERRORS OR OMISSIONS IN THE MATCHING PROCESS. THEREFORE, ANY TREATING PHYSICIAN OR OTHER HEALTHCARE PROVIDER OR FACILITY SHOULD VERIFY THE INFORMATION WITH EACH PATIENT AND/OR THE PATIENT’S REPRESENTATIVES BEFORE SUCH INFORMATION IS RELIED UPON OR UTILIZED IN DIAGNOSING OR TREATING THE PATIENT. SURESCRIPTS IS NOT A HEALTH PLAN, A HEALTHCARE PROVIDER OR PRESCRIBER. SURESCRIPTS DOES NOT AND CANNOT INDEPENDENTLY VERIFY OR REVIEW THE INFORMATION TRANSMITTED THROUGH THE SURESCRIPTS NETWORK FOR ACCURACY OR COMPLETENESS.