Terms of Service

1. Agreement to Terms

By registering for, accessing, or using PharmaSmart ("Service", "System", "Software"), you agree to be bound by these Terms of Service and our Privacy Policy. 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", "Pharmacy") and PharmaSmart ("we", "us", "our", "Company").

2. Service Description

PharmaSmart provides a cloud-based pharmacy management system designed for pharmacies in Zambia. Our service includes:

• Inventory management for medicines and products
• Point of Sale (POS) system for processing sales
• Multi-branch and user management
• Patient and supplier management (Standard and Premium plans)
• Sales reporting and analytics
• Offline functionality through Progressive Web App (PWA)
• Subscription and billing management

The Service is provided on a subscription basis with three pricing tiers: Basic (K300/month), Standard (K600/month), and Premium (K1,200/month).

3. Account Registration and Use

3.1 Eligibility

To use PharmaSmart, you must:

• Be at least 18 years of age
• Operate a licensed pharmacy in Zambia
• Have the authority to bind your pharmacy to this agreement
• Provide accurate and complete registration information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using strong passwords and changing them regularly
• Managing user access and permissions appropriately

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

4. Free Trial Period

New users receive a 14-day free trial with full access to features based on the selected plan.

4.1 Trial Terms

• Trial starts immediately upon registration
• Full functionality available during trial
• No payment required during trial period
• Trial ends automatically after 14 days
• Data is preserved if you subscribe after trial

4.2 After Trial

After the trial period, you must subscribe to continue using the Service. Failure to subscribe will result in account suspension and potential data loss after 30 days.

5. Subscription and Payment

5.2 Payment Terms

• Subscriptions are billed monthly in advance
• Payment is due on the subscription start date or renewal date
• Accepted payment methods: Mobile Money (MTN, Airtel), Bank Transfer
• Payment proof must be uploaded for verification
• Service activates upon admin approval of payment

5.3 Late Payment

If payment is not received within 7 days of the due date, your account will be suspended. Suspended accounts have read-only access until payment is processed.

5.4 Refunds

Refunds are provided only in the following circumstances:

• Service was unavailable for more than 7 consecutive days (pro-rated refund)
• Billing error on our part (full refund)
• Cancellation within 7 days of payment (full refund)

Refunds are not provided for:

• Change of mind after 7 days
• Unused portion of subscription
• Suspension due to Terms violation

5.5 Price Changes

We reserve the right to modify subscription prices with 30 days advance notice. Existing subscribers will be notified via email and can cancel before the new pricing takes effect.

6. Usage Limits and Fair Use

Each subscription plan has specific usage limits. You agree not to exceed these limits:

• Branches: Limited by plan (Basic: 1, Standard: 3, Premium: Unlimited)
• Users: Limited by plan (Basic: 3, Standard: 10, Premium: Unlimited)
• Products: Limited by plan (Basic: 500, Standard: 2000, Premium: Unlimited)
• Storage: Reasonable use for normal pharmacy operations

Exceeding limits requires upgrading to a higher plan. We reserve the right to suspend accounts that significantly exceed reasonable usage patterns.

7. Acceptable Use Policy

7.1 Permitted Use

You may use PharmaSmart only for:

• Legal pharmacy operations in Zambia
• Managing legitimate pharmaceutical inventory
• Processing authentic sales transactions
• Storing accurate patient and supplier information

7.2 Prohibited Activities

8. Data Ownership and Rights

8.1 Your Data

You retain ownership of all data you enter into PharmaSmart, including:

• Pharmacy business information
• Inventory and product data
• Sales transactions and financial records
• Patient records (where applicable)
• Supplier information

8.2 Our Rights

By using the Service, you grant us a limited license to:

• Store and process your data to provide the Service
• Create backups for disaster recovery
• Generate anonymized analytics for system improvement
• Display your data back to you and authorized users

8.3 Data Export

You can export your data at any time through the system's export features. Upon account closure, you have 30 days to export your data before permanent deletion.

9. Intellectual Property

The PharmaSmart software, including its code, design, features, and documentation, is owned by us and protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the software
• Reverse engineer or decompile the system
• Remove or alter any proprietary notices
• Use our trademarks without permission

10. Service Availability and Support

10.1 Uptime

We strive for 99.5% uptime but do not guarantee uninterrupted service. Planned maintenance will be announced in advance when possible.

10.2 Offline Functionality

Our PWA provides offline functionality for critical features like POS. However, some features require internet connectivity.

10.3 Support

• Email Support: Available to all subscribers (response within 24 hours)
• Phone Support: Available during business hours
• Documentation: Available online 24/7

11. Limitation of Liability

11.1 Service "As Is"

PharmaSmart is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the service will be error-free or uninterrupted.

11.2 Your Responsibility

You are responsible for:

• Compliance with Zambian pharmacy laws and regulations
• Accuracy of data entered into the system
• Obtaining patient consent for data collection
• Maintaining proper inventory controls
• Verifying sales and financial transactions
• Regular data backups (in addition to our automated backups)

11.3 Limitation of Damages

Our total liability for any claims arising from your use of PharmaSmart shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

We are not liable for:

• Lost profits, revenue, or business opportunities
• Data loss due to your failure to maintain backups
• Regulatory fines or penalties
• Third-party actions or claims
• Force majeure events beyond our control

12. Indemnification

You agree to indemnify and hold harmless PharmaSmart from any claims, losses, or damages arising from:

• Your violation of these Terms
• Your violation of any laws or regulations
• Infringement of third-party rights
• Your use or misuse of the Service
• Data you enter or actions you take in the system

13. Termination

13.1 By You

You may cancel your subscription at any time through the system or by contacting us. Cancellation takes effect at the end of your current billing period.

13.2 By Us

We may suspend or terminate your account if:

• You violate these Terms of Service
• Payment is overdue by more than 30 days
• You engage in fraudulent or illegal activity
• You pose a security risk to our systems
• Required by law or government order

13.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• You have 30 days to export your data
• After 30 days, all data is permanently deleted
• No refunds for unused subscription time (unless otherwise specified)

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes via:

• Email to your registered address
• Prominent notice in the system
• Update to the "Last Updated" date

Continued use of PharmaSmart after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of the Republic of Zambia.

15.2 Dispute Resolution

In the event of a dispute:

1. First, contact us to attempt informal resolution
2. If unresolved, disputes will be settled through arbitration in Lusaka, Zambia
3. Arbitration decisions are final and binding

15.3 Jurisdiction

Any legal proceedings must be brought in the courts of Lusaka, Zambia.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PharmaSmart.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

16.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

16.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent.

17. Contact Information