Terms of Service & Legal Disclaimer

Effective Date: January 1, 2026 | Governing Law: Republic of India

1. Acceptance of Terms

By creating an account, taking a Free Trial, downloading, or using PharmaFlow ERP (the "Service"), you ("Subscriber", "Pharmacist", or "Chemist") agree to be bound by these Terms of Service. If you do not agree, you must not access or use the Service.

2. Limited SaaS License & Strict Zero Ownership (मालिकाना हक का पूर्ण अभाव)

PharmaFlow India grants you strictly a non-exclusive, non-transferable, revocable software-as-a-service (SaaS) subscription license to access and use the ERP software for managing your internal pharmacy operations. Under no circumstances does the Subscriber acquire any legal ownership, title, copyright, intellectual property right, trade secret, or proprietary interest in PharmaFlow ERP, its source code, design, algorithms, databases, or documentation.

• You are strictly a licensee with rights to use the software during your active subscription period.
• You may not copy, reverse-engineer, decompile, disassemble, clone, lease, resell, sublicense, or distribute any part of the software.
• All trademarks, logos, system code, and database architectures remain the exclusive property of PharmaFlow India.

3. Pharmacist & Regulatory Responsibilities (ड्रग्स व कॉस्मेटिक्स एक्ट एवं पूर्ण कानूनी उत्तरदायित्व)

PharmaFlow ERP is strictly an administrative and record-keeping software tool. The Subscriber explicitly agrees and warrants that:

• They hold a valid, active Retail/Wholesale Drug License issued by the State Drugs Control Authority under the Drugs and Cosmetics Act, 1940 and Pharmacy Practice Regulations.
• Schedule H, H1, and X medicines are dispensed strictly against authentic Registered Medical Practitioner (RMP) prescriptions.
• Batch numbers, expiry dates, MRP entries, customer records, and tax/GST calculations remain the 100% sole and absolute legal and operational responsibility of the pharmacy owner and dispensing staff.

4. Limitation of Liability & Absolute "AS-IS" Disclaimer (दायित्व की पूर्ण सीमा)

Pursuant to Section 79 of the Information Technology Act, 2000 and the Indian Contract Act, 1872, the software is provided strictly on an "AS-IS" and "AS-AVAILABLE" basis without warranties of any kind.

• PharmaFlow India, its directors, developers, and partners shall NOT be liable for any business interruption, loss of profits, inventory spoilage, stock expiry oversight, GST penalties, regulatory fines, drug license cancellations, or criminal/civil actions arising from pharmacy operations.
• In any event, the maximum cumulative aggregate liability of PharmaFlow India under any theory of law (contract, tort, or otherwise) shall be strictly capped at the subscription fees actually paid by the user in the immediately preceding one (1) month.

5. Waiver of Court Litigation & Mandatory Arbitration (विवाद निवारण एवं मध्यस्थता)

The Subscriber explicitly agrees that:

• Class Action Waiver: The user waives any right to initiate, join, or participate in any class action lawsuit or collective consumer litigation against PharmaFlow India.
• Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this contract shall be settled by binding individual arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India by a sole arbitrator appointed by the Service Provider.
• Seat & Exclusive Jurisdiction: The seat of arbitration and the exclusive jurisdiction for any permitted judicial proceeding shall be the competent courts located in the Service Provider's registered city in India.

6. Chemist Referral Program Terms (रेफरल पॉलिसी)

All participation in the PharmaFlow Referral Program is governed by our official Referral Policy:

• Referral codes follow the format of 3 letters of name + 4 unique digits (e.g. BAL7291).
• Referral rewards are strictly non-transferable software validity extensions (+20 Days) with Zero Cash Value and cannot be redeemed for cash or refund.
• A mandatory 7-Day Retention Verification Period applies before any referral reward is credited. Fraudulent or duplicate accounts will result in immediate cancellation without notice.

7. Service Availability & Uptime

PharmaFlow ERP incorporates dual Offline & Cloud synchronization. While we target 99.9% cloud server uptime, local desktop billing continues uninterrupted offline during internet outages.

8. Contact & Grievance Officer

For any legal inquiries, terms clarification, or compliance notices under Indian IT Act (Intermediary Guidelines) Rules, please contact:

Legal & Compliance Desk: PharmaFlow India
Email: legal@pharmaflowindia.com | support@pharmaflowindia.com
Direct Helpline: +91 9810529871

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