These Terms & Conditions (“Agreement”) set out the terms under which Athiyan Technologies (“we”, “us”, “our”) provides access to and use of the Salespharma application and related services (the “Service”) by you (“you”, “your”, “Customer”). By accessing or using the Service you agree to be bound by this Agreement. If you do not agree to these terms, please do not use the Service.
Service means the Salespharma software application (web-based, mobile or desktop), any modules for pharmacy billing, inventory management, user interface, backend APIs, updates, upgrades, integrations, and any ancillary services offered by us.
User means any individual or legal entity that uses or subscribes to the Service.
Subscription means the access rights granted to you for use of the Service under a chosen plan, payment terms and duration.
Authorized User means your employees, agents or contractors who are authorised by you to use the Service under your account.
Data means all electronic data or information submitted by you or on your behalf into the Service (including stock data, customer/patient data, billing/invoice data, etc.).
Confidential Information means non-public information disclosed by one party to the other which is marked or reasonably understood to be confidential.
2.1 Subject to your compliance with this Agreement and payment of any applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription term for your internal business purposes (i.e., operating your pharmacy) only.
2.2 You will ensure that your Authorized Users comply with this Agreement. You are responsible for all activities under your account.
2.3 We may modify or discontinue features of the Service at our discretion (for example new modules, integrations, or removal of outdated functionality).
3.1 You will:
Provide accurate and complete information when creating your account and keep it up-to-date.
Maintain appropriate security, including login credentials and access control for your users.
Use the Service in compliance with applicable laws (including pharmacy/medical regulations, data protection laws such as the IT Act or any other relevant legislation).
Be responsible for obtaining, maintaining and verifying any licences, permissions or regulatory approvals needed for your pharmacy operations, use of the software, or handling of patient data.
Back-up your Data as appropriate (while we will maintain backups for service continuity, you remain responsible for your operational data integrity).
Refrain from misuse: you must not use the Service to transmit harmful material (viruses, malware), attempt to gain unauthorised access, reverse-engineer, sublicense, resell, or otherwise misuse the Service.
4.1 You agree to pay all fees, taxes, duties or charges related to your Subscription as described in your order or invoice.
4.2 Unless otherwise specified, payments are due within the time-period specified, and late payment may incur interest (as permissible under law).
4.3 Subscription will continue for the term selected and will automatically renew unless cancelled by you in accordance with our cancellation policy.
4.4 We may change our fees or Subscription plans by providing you notice; the new terms will apply on renewal.
5.1 We retain all rights, title and interest (including intellectual property rights) in and to the Service, software, documentation, trademarks and all enhancements, derivative works and modifications.
5.2 You retain ownership of your Data. We only have the rights to use your Data as necessary to provide the Service (for example backup, running analytics, support) in accordance with our Privacy policy.
6.1 We will implement reasonable technical and organisational measures to protect your Data against unauthorised or unlawful access, destruction, loss or damage.
6.2 Your use of the Service indicates your consent to our collection, use and processing of your Data as set out in our Privacy & Policy document.
6.3 You authorise us to process your Data in jurisdictions as needed to provide the Service (including outside India if necessary) and you will ensure that you have the necessary rights to submit the Data.
7.1 We warrant that the Service will perform substantially in accordance with the documentation provided to you.
7.2 TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED AS IS AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7.3 We do not warrant that the Service will be uninterrupted, error free, or completely secure.
8.1 To the maximum extent permitted by applicable law, our total aggregate liability (whether in contract, tort or otherwise) for any claim arising out of or relating to the Service or this Agreement will be limited to the amount of fees paid by you in the 12 months preceding the claim.
8.2 We shall not be liable for any indirect, special, incidental, punitive or consequential damages (including loss of profit, loss of business, or loss of data) even if we have been advised of the possibility of such damages.
8.3 Nothing in this clause shall limit liability for (i) death or personal injury caused by our negligence, (ii) fraud, or (iii) any other liability which cannot be excluded by applicable law.
9.1 This Agreement commences when you accept it (e.g., by using the Service) and will continue until terminated as described below.
9.2 We may suspend or terminate your access to the Service immediately if you breach this Agreement (for example, by non-payment, misuse, illegal activities) and you fail to remedy within any specified cure period.
9.3 You may terminate your subscription by providing us notice as per our cancellation policy.
9.4 Upon termination:
Your obligations continue (for example payment of all amounts due).
We may delete or anonymise your Data after a reasonable retention period (unless retention is required by law or you export the Data).
9.5 Sections 4 (Fees), 5 (IP), 6 (Data Security & Privacy), 8 (Limitation of Liability), 9 (Termination), 10 (Governing Law & Dispute Resolution) and any other provisions which by their nature survive termination will survive.
10.1 This Agreement is governed by the laws of India.
10.2 Any dispute, controversy or claim arising out of or relating to this Agreement will first attempt to be resolved through good-faith negotiations. If not resolved within [30] days, it may be referred to arbitration or to courts in [Insert jurisdiction, e.g., Tamil Nadu].
10.3 If you use the Service outside India, you also agree to comply with local laws of your jurisdiction.
We may amend these Terms & Conditions from time to time by posting the revised version on our website and/or notifying you. The “Last updated” date will reflect the change. Your continued use of the Service after such changes constitutes your acceptance of the revised terms.
12.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall continue in full force and effect.
12.3 Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent (other than to an affiliate). We may assign or transfer our rights and obligations.
12.4 Force Majeure: Neither party will be liable for failure or delay in performing its obligations caused by events beyond its reasonable control (acts of God, war, natural disasters, network failures, etc.).
12.5 Waiver: No waiver by either party of any right or remedy under this Agreement shall be effective unless in writing and signed by the party.