1. Acceptance of Terms

By accessing or using PharmaSync ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you ("User", "Customer", or "you") and PharmaSync ("Company", "we", "us", or "our"), a software service provider operating under the laws of Kenya.

You must be at least 18 years old and have the legal capacity to enter into contracts to use this Service.

2. Description of Service

PharmaSync is a cloud-based pharmacy management software designed to help pharmacies in Kenya manage their operations, including but not limited to:

• Inventory management and product tracking
• Sales transaction processing
• Expiry date monitoring and alerts
• Supplier and purchase order management
• Staff management and access control
• Reporting and analytics
• Multi-branch management (for applicable plans)

The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

3. Service Plans and Pricing

PharmaSync offers three service plans with different features and limitations:

• All prices are in Kenyan Shillings (KES) and include applicable taxes
• Annual subscriptions offer significant savings compared to monthly billing
• Plan upgrades take effect immediately; downgrades take effect at the next billing cycle
• Exceeding plan limits may result in additional charges or service restrictions

4. User Accounts and Registration

To use PharmaSync, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring all user information is accurate and up-to-date

You may not share your account credentials with unauthorized persons or create accounts for fraudulent purposes.

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for extended periods.

5. Payment Terms

Billing and Payment:

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon invoice generation
• Accepted payment methods include M-Pesa, bank transfers, and credit/debit cards
• All payments are non-refundable except as specifically provided in these Terms

Late Payment and Suspension:

• Accounts with payments overdue by 7 days will receive a payment reminder
• Service may be suspended after 14 days of non-payment
• Accounts suspended for 30 days may be terminated and data permanently deleted
• All payments are non-refundable except as specifically provided in these Terms

Refund Policy: Refunds are only available for service outages exceeding 48 consecutive hours or billing errors. Refund requests must be submitted within 30 days of the billing date.

6. Data Protection and Privacy

PharmaSync is committed to protecting your data in compliance with Kenya's Data Protection Act, 2019:

• All data is stored securely using industry-standard encryption
• Data is backed up regularly to prevent loss
• We do not sell, rent, or share your data with third parties without consent
• You retain ownership of all data you input into the system
• Data export facilities are available upon request

Data Processing: We process your data solely for the purpose of providing the Service and as necessary for legitimate business operations.

Data Retention: Your data will be retained for as long as your account is active. Upon termination, data will be securely deleted within 90 days unless legally required to be retained longer.

7. Acceptable Use Policy

You agree to use PharmaSync only for lawful purposes and in accordance with these Terms. Prohibited activities include:

• Using the Service for any illegal activities or to violate any laws
• Attempting to reverse engineer, decompile, or hack the Service
• Sharing account credentials with unauthorized parties
• Introducing viruses, malware, or other harmful code
• Overwhelming our servers with excessive requests
• Using the Service to compete with or replicate PharmaSync

Violations of this policy may result in immediate account suspension or termination without refund.

8. Intellectual Property Rights

PharmaSync Ownership: The Service, including all software, designs, text, graphics, and other content, is owned by Novascape technologies Ltd and protected by Kenyan and international intellectual property laws.

User Data: You retain all rights to data you input into the Service. You grant us a limited license to use this data solely for providing the Service.

License Grant: We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Trademark: PharmaSync and related logos are trademarks of PharmaSync. You may not use these marks without our written permission.

9. Service Availability and Support

Service Level: We strive to maintain 99.5% uptime but do not guarantee uninterrupted service. Planned maintenance will be announced in advance when possible.

Support Levels:

• Basic Support (Starter): Email support during business hours (8 AM - 5 PM EAT)
• Priority Support (Professional): Email and phone support with faster response times
• Dedicated Support (Enterprise): Dedicated account manager and priority response
• Emergency Support: Critical system issues affecting pharmacy operations will receive priority attention regardless of support level.

10. Termination

Termination by You: You may terminate your account at any time through your account settings or by contacting support. Termination will be effective at the end of your current billing period.

Termination by Us: We may terminate your account immediately for violations of these Terms or with 30 days' notice for other reasons.

Effect of Termination:

• Your access to the Service will be immediately revoked
• No refunds will be provided for unused subscription periods
• Your data will be available for export for 30 days after termination
• All data will be permanently deleted after 90 days

Survival: Sections related to payment obligations, intellectual property, and limitation of liability will survive termination.

11. Limitation of Liability

Disclaimer: The Service is provided "as is" without warranties of any kind, express or implied. We disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.

Limitation: Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

Exclusions: We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption.

User Responsibility: You are solely responsible for maintaining appropriate backup systems and ensuring compliance with applicable pharmacy regulations.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Kenya, specifically the courts located in Nairobi County.

Dispute Resolution: Before initiating legal proceedings, parties agree to attempt resolution through good faith negotiation and, if necessary, mediation.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective 30 days after posting the updated Terms on our website or sending notification to your registered email address.

Notification: We will notify you of material changes through:

• Email notification to your registered address
• In-app notifications within the Service
• Updates posted on our website

Acceptance: Continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must discontinue use of the Service.

14. Contact Information

For questions about these Terms or the Service, please contact us:

Business Hours: Monday to Friday, 8:00 AM - 5:00 PM (East Africa Time)