These Terms of Service ('Terms') constitute a legally binding agreement between you (the 'Customer,' 'User,' 'you,' or 'your') and Novascape Technologies Ltd ('PharmaSync,' 'we,' 'us,' or 'our'), governing your access to and use of the PharmaSync platform ('Platform' or 'Service').

By creating an account, accessing the Platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

PharmaSync is a product of Novascape Technologies Ltd, a company registered in Kenya.

• Platform: The PharmaSync web application, mobile applications, APIs, and all related services.
• Tenant: Your pharmacy business entity registered on the Platform.
• Subscription: Your paid access plan (Starter, Professional, or Enterprise).
• User: Any individual authorized to access your Tenant account.
• Customer Data: All data you input, upload, or generate through the Platform.
• PPB: Pharmacy and Poisons Board of Kenya.
• KRA: Kenya Revenue Authority.
• DHA: Digital Health Agency of Kenya.

You must be at least 18 years old and have the legal authority to enter into binding contracts in Kenya. If you are registering on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to request proof of your PPB license at any time. Failure to provide valid licensing documentation may result in account suspension or termination.

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches
• Completing email and OTP verification as required
• Ensuring that all user accounts within your Tenant are authorized personnel

PharmaSync offers three subscription tiers with monthly and annual billing options:

• Starter: KES 3,000/month or KES 30,000/year (for solo pharmacies with up to 5 users and 500 products)
• Professional: KES 5,500/month or KES 55,000/year (includes insurance claims, staff management, online store, up to 2 branches)
• Enterprise: KES 9,500/month or KES 95,000/year (multi-branch dashboard, RBAC, API access, up to 10 branches)

All prices are in Kenya Shillings (KES) and exclude applicable taxes unless otherwise stated. Annual plans save approximately 17-20% compared to monthly billing.

We offer a 14-day free trial with full access to all features of your selected plan. No credit card is required to start your trial. Your trial will automatically expire after 14 days unless you subscribe to a paid plan.

We offer a 30-day money-back guarantee for new subscriptions. If you are not satisfied with the Platform within the first 30 days of your paid subscription, contact our support team for a full refund. This guarantee does not apply to renewal payments or add-on services.

We accept the following payment methods:

• M-PESA (Safaricom)
• Credit/debit cards
• Bank transfer (for annual plans)

Payment processing is handled by third-party providers. We do not store your complete payment card information on our servers.

Monthly subscriptions are billed on the same day each month. Annual subscriptions are billed once per year. All subscriptions automatically renew unless you cancel before the renewal date. We will send you a reminder email before each billing cycle.

You may upgrade or downgrade your subscription plan at any time from your account settings. Upgrades take effect immediately, and you will be charged a prorated amount for the remainder of your billing cycle. Downgrades take effect at the start of your next billing cycle.

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. Upon cancellation:

• Your data will be retained for 90 days in case you wish to reactivate
• After 90 days, your data will be permanently deleted
• You can export your data before cancellation (CSV, Excel, or PDF format depending on your plan)
• No refunds are provided for partial billing periods

PharmaSync provides a comprehensive pharmacy management platform including:

• Inventory management with batch tracking and FIFO
• Point-of-Sale (POS) interface with multiple payment methods
• Prescription management and tracking
• Insurance claims processing (DHA/NHIF/SHA integration)
• Staff management with attendance, payroll, and performance tracking
• Sales analytics and reporting
• M-PESA and KRA eTIMS integration
• Online store builder and order management
• OCR invoice upload and processing

Specific features and usage limits vary by subscription tier. See our pricing page for detailed feature comparisons.

Your access to features is determined by your subscription tier. Key limitations include:

• Starter: 1 branch, 5 users, 500 products, 10 OCR invoices/month
• Professional: 2 branches, 10 users per branch, unlimited products, 200 OCR invoices/month
• Enterprise: Up to 10 branches, unlimited users, unlimited products, 500 OCR invoices/month

While many features are 'unlimited,' we expect reasonable use consistent with a pharmacy business. Excessive or abusive use (such as automated scraping, data mining, or using the Platform for purposes other than pharmacy management) may result in throttling, suspension, or termination.

You may NOT use the Platform to:

• Sell, distribute, or manage counterfeit, expired, or illegally obtained pharmaceutical products
• Engage in fraudulent insurance claims or billing practices
• Violate patient confidentiality or healthcare data regulations
• Bypass or manipulate tax reporting features (e.g., eTIMS integration)
• Reverse engineer, decompile, or attempt to extract source code
• Resell or sublicense access to the Platform without authorization
• Upload malware, viruses, or malicious code
• Interfere with the security or integrity of the Platform

Violation of these Terms may result in:

• Immediate suspension or termination of your account
• Reporting to relevant authorities (PPB, KRA, law enforcement)
• Legal action to recover damages
• Permanent ban from using PharmaSync services

All intellectual property rights in the Platform, including but not limited to software code, design, trademarks, logos, documentation, and proprietary algorithms, are owned by Novascape Technologies Ltd. These Terms do not grant you any ownership rights to the Platform.

We grant you a non-exclusive, non-transferable, revocable license to access and use the Platform during your subscription period, subject to these Terms and payment of applicable fees.

If you provide feedback, suggestions, or ideas for improving the Platform, we may use them without any obligation to compensate you. You grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose.

We are committed to protecting your privacy and complying with the Kenya Data Protection Act 2019. Our data processing practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference.

The relationship between you and PharmaSync involves dual data roles:

• PharmaSync as Data Controller: For your account data, billing information, usage analytics, and marketing communications
• PharmaSync as Data Processor: For patient/prescription data you process through the Platform (you are the Data Controller)
• You as Data Controller: For patient data, customer data, and prescription information (you determine purposes and means of processing)

By accepting these Terms, you consent to our data processing practices as described in our Privacy Policy. You retain all data protection rights under the Kenya Data Protection Act 2019, including the right to access, rectify, delete, restrict, port, and object to processing of your personal data.

PharmaSync integrates with the following third-party services:

• M-PESA (Safaricom): Payment processing
• KRA eTIMS: Tax invoice management and reporting
• DHA/NHIF/SHA: Healthcare insurance claims and patient verification
• SMS/WhatsApp: Customer communication (TextSMS, Meta)
• Google Services: Gmail, Google Drive integration (optional)

Your use of third-party integrations is subject to the respective third party's terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

We are not liable for any failure, interruption, or error caused by third-party services, including but not limited to M-PESA outages, eTIMS downtime, DHA/NHIF system unavailability, or SMS/email delivery failures. We will make reasonable efforts to notify you of known third-party service disruptions.

NO MEDICAL ADVICE: The Platform does not provide medical advice, diagnosis, or treatment recommendations. All clinical and pharmaceutical decisions remain the sole responsibility of licensed pharmacists and healthcare professionals.

PROFESSIONAL RESPONSIBILITY: You are solely responsible for:

• Verifying prescription accuracy and appropriateness
• Ensuring correct drug dispensing and patient counseling
• Identifying drug interactions, contraindications, and allergies
• Complying with PPB regulations and pharmaceutical standards
• Maintaining required professional liability insurance

The Platform facilitates submission of insurance claims to DHA, NHIF/SHA, and other providers, but we do NOT guarantee:

• Approval or payment of any insurance claim
• Accuracy of insurance provider responses
• Timeliness of insurance reimbursements
• Compliance with all insurance provider requirements

You are responsible for verifying claim accuracy and following up with insurance providers.

Our OCR (Optical Character Recognition) invoice upload feature uses automated text extraction, which may contain errors. You MUST manually review and verify all OCR-extracted data before relying on it for business decisions, inventory management, or financial reporting.

TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW:

• PharmaSync's total liability for any claim arising from these Terms or your use of the Platform shall not exceed the total fees paid by you in the 12 months preceding the claim
• We are NOT liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost data, or business interruption
• We do not warrant that the Platform will be error-free, uninterrupted, or free from security vulnerabilities
• The Platform is provided 'AS IS' without warranties of any kind, express or implied

You agree to indemnify, defend, and hold harmless PharmaSync, Novascape Technologies Ltd, and our officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any laws or regulations
• Professional negligence or malpractice claims
• Infringement of third-party rights

You are solely responsible for ensuring your pharmacy operations comply with all Pharmacy and Poisons Board (PPB) regulations, including but not limited to:

• Maintaining a valid PPB license
• Proper storage and handling of pharmaceutical products
• Prescription record-keeping requirements (minimum 5 years)
• Controlled substances management and reporting
• Pharmacy inspection readiness

The Platform integrates with KRA eTIMS for tax invoice management. You are responsible for:

• Accurate tax calculations and reporting
• Timely tax payment to KRA
• Maintaining valid KRA PIN registration
• Compliance with VAT and income tax regulations
• Maintaining financial records for 7 years (KRA requirement)

PharmaSync provides tools to facilitate tax compliance but does not provide tax advice. Consult a qualified tax professional for tax matters.

You are responsible for complying with the Kenya Data Protection Act 2019 as a Data Controller for patient and customer data processed through the Platform. This includes:

• Obtaining proper consent from patients for data collection
• Implementing appropriate data security measures
• Responding to data subject rights requests
• Reporting data breaches to the Office of the Data Protection Commissioner (ODPC)
• Maintaining records of processing activities

You must comply with all applicable healthcare confidentiality and data protection regulations when processing sensitive patient information, including prescription data, medical conditions, and insurance claims.

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

Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya. You consent to personal jurisdiction in these courts.

Before initiating formal legal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation for a period of 30 days. Contact our legal team at support@pharmasync.co.ke to initiate negotiations.

If negotiation fails, the parties may agree to submit the dispute to mediation or arbitration under the Arbitration Act of Kenya before resorting to litigation.

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

• Email notification to your registered email address
• In-app notification upon your next login
• Posting of updated Terms with a new 'Last Updated' date

You will have 30 days to review changes before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you disagree with the changes, you may cancel your subscription before the effective date.

We may modify, suspend, or discontinue any feature of the Platform at any time with reasonable notice. We will make commercially reasonable efforts to minimize disruption and provide alternatives for discontinued features.

You may terminate your account at any time from your account settings or by contacting support. Termination takes effect at the end of your current billing period. No refunds will be provided for partial billing periods.

We may suspend or terminate your account immediately without notice if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails or your account is past due
• We are required to do so by law or regulatory authority
• Your pharmacy license is revoked or suspended
• We detect fraudulent activity or security threats

Upon termination, your data will be retained for 90 days before permanent deletion. You may request a data export during this period.

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PharmaSync regarding your use of the Platform and supersede all prior agreements.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to:

• Natural disasters, pandemics, or public health emergencies
• War, terrorism, or civil unrest
• Government actions or regulatory changes
• Internet or telecommunications failures
• M-PESA, eTIMS, or other critical third-party service outages
• Power outages or infrastructure failures

Notices to you may be sent to your registered email address or posted in your account dashboard. Notices to us should be sent to support@pharmasync.co.ke. Notices are deemed received 24 hours after sending (email) or upon posting (in-app).

These Terms are written in English. Any translations provided are for convenience only. In the event of conflict, the English version shall prevail.

For technical support, billing inquiries, or general questions:

Response Times by Tier:

• Starter: 48-hour email response
• Professional: 24-hour priority support
• Enterprise: 4-hour SLA with dedicated account manager