Terms of service

1. These terms, and any agreement you have signed

If your organization has signed a separate written agreement or order form with us, that document governs and prevails over these terms wherever the two differ. These terms apply in full to everyone else, and fill any gaps the signed agreement leaves.

2. Who may use the platform

Pharmizo is provided to businesses. There is no self-service signup: accounts are created for an organization after a commercial arrangement is in place, and individual user accounts are created by that organization’s administrators. By accepting these terms you confirm you are authorised to bind the organization you act for.

3. Accounts and credentials

• You are responsible for everything done under your account.
• Keep your password confidential. Do not share an account between people — the audit trail records the account, and a shared account makes it useless.
• Tell us at [SUPPORT@EXAMPLE.COM] immediately if you believe an account has been compromised.
• The customer’s administrators are responsible for deprovisioning people who leave. We cannot know that someone has left.

4. Acceptable use

You must not:

• upload data you have no lawful basis to process;
• upload patient health records or other data about identifiable patients — Pharmizo is a sales and distribution tool and is not built, and must not be used, as a clinical system;
• attempt to access another organization’s tenant, or probe, scan or test the security of the platform without our prior written consent;
• reverse engineer, resell, sublicense or white-label the platform except as expressly agreed;
• use the platform to send unlawful, misleading or unsolicited commercial communications;
• exceed the seat entitlement of your plan, or share seats between individuals;
• interfere with the platform’s operation, including by automated load beyond documented API limits.

We may suspend an account immediately where we reasonably believe this clause has been breached and the breach threatens the platform or another customer, and we will tell you why.

5. Fees and billing

• Fees, the billing cycle and the seat entitlement are set out in your order form or quotation.
• Invoices are payable within the period stated on the invoice. Amounts are exclusive of GST and other applicable taxes, which are added.
• We may suspend access to an account with overdue invoices after giving notice. Data is retained during suspension.
• Fees may change on renewal. We give at least 30 days’ notice before a change takes effect, and you may decline by not renewing.

Cancellations and refunds are covered by our refund and cancellation policy, which forms part of these terms.

6. Your data stays yours

You retain all rights in the data your organization puts into the platform. We claim no ownership of it. We use it only to provide the service, as described in the privacy policy. We do not use your data to train machine-learning models, and we do not disclose it to other customers.

You are responsible for having a lawful basis for the personal data you load, and for telling the people concerned. Where we process that data we act as your processor and on your instructions.

7. Availability, backups and support

We aim for high availability but do not offer an uptime guarantee under these terms; a service level commitment is available only where an order form states one. Planned maintenance is notified in advance where practicable.

We take continuous off-site backups and can restore the platform to a point in time within a rolling seven-day window. That is disaster recovery for the platform, not a per-customer undo: we will not restore the whole database to recover one record you deleted. Most deletions are recoverable in the application itself, because deleting hides a record rather than erasing it.

8. Intellectual property

The platform, its software and the Pharmizo name and marks belong to us. You get a non-exclusive, non-transferable right to use the platform for your own business during your subscription, and nothing more.

9. Third-party services

Where you connect the platform to a third-party service through our API or an integration, your use of that service is governed by its terms and is your responsibility. We are not liable for it.

10. Warranties

We provide the platform with reasonable skill and care. Beyond that, and to the extent the law allows, the platform is provided “as is” without further warranty of any kind, including any implied warranty of merchantability or fitness for a particular purpose. We do not warrant that it will be uninterrupted or error-free.

11. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings, however caused.

Our total aggregate liability arising out of or in connection with these terms is limited to the fees you paid us in the [TWELVE] months immediately before the event giving rise to the claim.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited.

12. Indemnity

You will indemnify us against claims arising from data you put into the platform where that data infringes a third party’s rights or breaches applicable law, and from your use of the platform in breach of clause 4.

13. Term and termination

• These terms apply for as long as you have an account, and survive it where the subject matter requires.
• Either party may terminate for material breach that is not remedied within 30 days of written notice.
• On termination, access ends at the end of the paid cycle. You may export your data before then, and should. After a wind-down period of [30] days we delete your data except where we must retain it by law; backups age out within seven days of deletion.

14. Confidentiality

Each party will keep the other’s non-public information confidential, use it only for the purpose it was shared, and protect it with at least reasonable care. This does not apply to information that is public through no breach, independently developed, or required to be disclosed by law.

15. Changes to these terms

We may update these terms. Material changes are notified to customer administrators by email at least 30 days before they take effect. Continuing to use the platform after that date means you accept them.

16. Governing law

These terms are governed by the laws of India. The courts at [CITY], [STATE] have exclusive jurisdiction, and both parties submit to it.

17. Contact

[LEGAL ENTITY NAME] Private Limited, [REGISTERED ADDRESS, LINE 1], [LINE 2], [CITY, STATE — PIN], India — [SUPPORT@EXAMPLE.COM]