This End User License Agreement and Terms of Service ("Agreement") is a legally binding contract between PharmTrack ("we," "us," "our," or the "Company") and the individual, pharmacy, clinic, or corporate entity ("User," "you," "your," or "Licensee") executing, accessing, or utilizing the PharmTrack Point of Sale (POS) and Pharmacy Management System (the "Service" or "Software").
1. Acceptance of Terms
By registering an account, deploying the application, downloading, installing, or otherwise using any feature of PharmTrack, you actively agree to be bound by the stipulations of this Agreement. If you are entering into this Agreement on behalf of a registered pharmacy, corporation, or other legal entity, you represent and warrant that you hold the legal authority to bind such entity to these terms. If you do not agree to these terms, you must immediately cease all use of the Service.
2. Description of Service
PharmTrack provides a comprehensive cloud-based software-as-a-service (SaaS) and Progressive Web Application (PWA) platform specifically engineered for pharmaceutical retail and enterprise management. Core functionalities include, but are not limited to:
Inventory Management: Real-time stock tracking, automated alerts for low stock and expiring medications, and batch/lot management.
Point of Sale (POS): Processing of retail transactions, issuing of digital and physical receipts, and staff shift management.
Analytics and Reporting: Automated generation of sales metrics, profit margins, and performance tracking.
Third-Party Integrations: Cloud database synchronization (e.g., via Supabase) and managed hosting infrastructure.
Disclaimer: PharmTrack is strictly an administrative and operational tool. It does not provide medical advice, dictate clinical decisions, or replace the professional judgment, diagnostic capabilities, or legal obligations of a licensed pharmacist or healthcare provider.
3. User Obligations and Regulatory Compliance
3.1 Legal & Regulatory Compliance: You are solely and strictly responsible for ensuring that your utilization of PharmTrack complies with all applicable local, national, and international laws. Specifically, users operating within Kenya must adhere to the stringent requirements of the Pharmacy and Poisons Act (Cap 244), guidelines issued by the Pharmacy and Poisons Board (PPB), and all relevant local business licensing requirements.
3.2 Account Security: You bear full responsibility for maintaining the strict confidentiality of your administrative credentials, staff PINs, and authentication keys. You are fully liable for all activities, authorized or unauthorized, that occur under your account. You must notify us immediately of any security breaches or unauthorized access.
3.3 Data Accuracy and Dispensing: You guarantee that all medication data, pricing adjustments, tax configurations, and prescription logs entered into the system are meticulously verified. PharmTrack cannot be held liable for errors in dispensing caused by incorrect user input, misconfiguration of the system database, or failure to update inventory properly.
4. Intellectual Property Rights
4.1 Ownership: PharmTrack, inclusive of its proprietary source code, underlying algorithms, user interface (UI) and user experience (UX) design, architectural frameworks, logos, and trademarks, remains the exclusive intellectual property of the developers and owners of PharmTrack.
4.2 Limited License: Subject to your ongoing compliance with this Agreement and payment of applicable fees, we grant you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Software purely for your internal business operations.
4.3 Restrictions: You are expressly prohibited from: reverse-engineering, decompiling, or disassembling the Software; replicating, cloning, or creating derivative works based on the system; and selling, leasing, sub-licensing, or distributing the software or your account access to unauthorized third parties.
5. Data Ownership, Privacy, and Security
5.1 User Data Ownership: You retain full ownership rights to all business data, inventory logs, and sales records ("User Data") that you input into PharmTrack. By using the Service, you grant us a secure, encrypted license to host and process this data solely to provide the Service to you.
5.2 Third-Party Hosting: You acknowledge and consent that PharmTrack utilizes secure, industry-leading third-party cloud infrastructure (e.g., Supabase, Vercel) for server hosting and data storage. While these providers utilize state-of-the-art encryption, PharmTrack cannot unequivocally guarantee absolute security against highly sophisticated cyber-attacks.
5.3 Patient Data and Privacy Law: The handling of any personally identifiable information (PII) or sensitive patient health data must be done in strict compliance with the Kenya Data Protection Act, 2019. You agree not to store sensitive patient medical records unless you have independently implemented the legal, technical, and organizational safeguards mandated by your local jurisdiction.
6. Billing, Payments, and Subscriptions
6.1 Subscription Fees: Continued access to premium features of PharmTrack depends on the timely payment of agreed-upon subscription fees. Pricing tiers are subject to change with at least thirty (30) days' prior notice.
6.2 Non-Refundable Policy: All payments processed for subscriptions, deployment services, or custom feature development are strictly non-refundable, except where mandated by consumer protection laws.
6.3 Tax Liability: The Licensee is solely responsible for determining, collecting, reporting, and remitting any applicable value-added tax (VAT), sales tax, or digital services tax associated with their use of the platform.
7. Limitation of Liability and Disclaimers
7.1 "As Is" Provision: The PharmTrack platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2 Maximum Liability: To the maximum extent permitted by applicable law, in no event shall PharmTrack, its developers, directors, or affiliates be held liable for any direct, indirect, incidental, consequential, special, or exemplary damages. This includes loss of profits, corrupted data, or regulatory fines (e.g., PPB) resulting from inaccurate reporting.
7.3 Cap on Damages: In jurisdictions that do not allow complete exclusion of liability, PharmTrack's total aggregate liability arising out of or related to this Agreement shall absolutely not exceed the total amount paid by you for the Service in the three (3) months preceding the incident.
8. Termination and Suspension
8.1 Termination by User: You retain the right to terminate your account and this Agreement at any time by formally ceasing all use of the Service and notifying our support team.
8.2 Termination by PharmTrack: We reserve the unilateral right to suspend or permanently terminate your access to the Service, without prior notice or liability, if you commit a material breach, engage in fraudulent activities, or fail to pay subscription fees.
8.3 Effect of Termination: Upon termination, your right to use the Service immediately ceases. We reserve the right to delete your User Data from our active servers after a standard grace period.
9. Governing Law and Dispute Resolution
This Agreement, and any disputes arising out of or connected to its subject matter, shall be governed by, construed, and enforced exclusively in accordance with the laws of the Republic of Kenya, without giving effect to any conflict of law principles. Any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court located in Kenya.
10. Modifications to the Agreement
PharmTrack reserves the right to modify, amend, or update this Agreement at any time to reflect changes in our services, technological advancements, or regulatory requirements. We will provide notice of significant changes via the platform dashboard or email. Your continued use of the software subsequent to such notifications constitutes your binding acceptance of the revised Terms.
Disclaimer: The terms outlined above represent a standardized framework for the PharmTrack POS platform. Because the administration of pharmaceutical products, data handling, and the processing of financial transactions carry inherent legal risks, it is highly recommended that you have this document reviewed by an independent legal professional to ensure complete conformity with your specific operational structure and regional regulatory mandates.