Software-as-a-Service Agreement

Last Revision: September 2024

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND INDEMNITIES.

Thank you for choosing to use [Pharmachat24.com]! These Terms of Service (“Agreement”) govern your use of [Pharmachat24.com] services, including [pharmachat24.com]’s platform, mobile applications, websites, and any content or materials made available on our website (collectively, the “Services”). Pharmachat24.com is owned and operated by Pharmadent Consulting Inc.

1. ACCEPTANCE OF AGREEMENT

By accessing or using any of the Services, you agree to comply with and be bound by this Agreement, which forms a binding contract between [Pharmadent Consulting Inc ] and you, the user. If you are using the Services on behalf of a business entity, you represent that you have the authority to bind that entity to this Agreement. If you do not agree with these terms, do not use the Services.

In this Agreement, “Subscriber” refers to the person or entity who subscribes to and pays for our Services. “You” refers to any user of the Services, including employees, agents, representatives of the Subscriber, and members of the general public who access or interact with the Services provided by the Subscriber.

2. SERVICES AND LICENSE GRANT

2.1 Ownership of the Services

[Pharmadent Consulting Inc ] owns all intellectual property rights in the Services. This includes software, content, and trademarks related to the Services.

Pharmachat24.com is owned and operated by Pharmadent Consulting Inc. (“Pharmadent”). Pharmadent is the legal representative of Pharmachat24.com and all related services provided through the platform. By subscribing to and using the services, you acknowledge that Pharmadent Consulting Inc. holds all rights, titles, and interest in the platform and its contents. Any legal matters arising from the use of the platform or its services will be handled by Pharmadent Consulting Inc.

2.2 License

[Pharmadent Consulting Inc ] grants Subscribers a limited, non-exclusive, non-transferable license to access and use the Services [Pharmachat24.com] solely for the Subscriber's business purposes, provided that:

• You do not alter or remove any copyright, trademark, or proprietary notices.

• You do not distribute or make available the Services to third parties or other business locations unless specifically authorized.

2.3 Third-Party Services

You may choose to integrate third-party services with our Services. Your use of such third-party services is governed by the respective third-party’s terms and conditions, and [Pharmadent Consulting Inc ] is not responsible for those services.

3. SUBSCRIPTION AND FEES

3.1 Subscription Plans

Subscribers must select a subscription plan and provide payment details. Subscriptions are billed monthly or annually in advance. Fees may vary based on platform usage and the complexities of the chatbot.

3.2 Payment Terms

By subscribing to the Services, you agree to pay all applicable fees. All payments are non-refundable unless otherwise specified. [Pharmadent Consulting Inc] may increase fees, and you will be notified before any such change takes effect.

3.3 Service Availability

We strive to maintain the continuous availability of the Services. However, [Pharmadent Consulting Inc] is not liable for any interruptions caused by factors outside of our control, such as internet outages or hardware failures.

4. SUBSCRIBER ACCOUNTS

4.1 Account Responsibility

If Applicable, Each Subscriber must designate an “Account Owner” responsible for managing the account and user access. The Subscriber is responsible for ensuring that users maintain the confidentiality of login credentials and for any activity that occurs under its accounts.

4.2 User Accounts

If applicable, Subscribers may create individual accounts for authorized users. Each user must provide accurate information and set strong passwords. The Subscriber is liable for any loss or damage arising from unauthorized use of its user accounts.

5. SUBSCRIBER DATA

5.1 Ownership of Subscriber Data

Subscribers retain ownership of all data entered, created, or stored in the Services (“Subscriber Data”). [Pharmadent Consulting Inc] does not own or control Subscriber Data and will not access it except as required to provide the Services or as compelled by law.

5.2 Data Storage and Access

[Pharmadent Consulting Inc] will securely store Subscriber Data and will only access it under explicit instructions from the Subscriber or as required to resolve technical issues. [Pharmadent Consulting Inc] will not be liable for any loss or alteration of Subscriber Data except where due to its gross negligence.

5.3 Data Retention

Subscribers are responsible for exporting their Subscriber Data before terminating their subscription. Upon termination, Subscriber Data will be retained securely but will be inaccessible unless the account is reactivated.

6. SECURITY

6.1 Security Measures

[Pharmadent Consulting Inc] will implement appropriate administrative, physical, and technical safeguards to protect Subscriber Data from unauthorized access, disclosure, or destruction.

6.2 Security Breach

In the event of a security breach resulting in unauthorized access to Subscriber Data, [Pharmadent Consulting Inc] will notify affected Subscribers and take appropriate corrective measures.

6.3 Subscriber Responsibilities

Subscribers are responsible for ensuring that their systems and devices are secure and for reporting any suspected security breaches related to their accounts.

7. TERMINATION

7.1 Termination for Breach

[Pharmadent Consulting Inc ] reserves the right to suspend or terminate access to the Services if a Subscriber or user breaches this Agreement.

7.2 Termination by Subscriber

Subscribers may terminate their subscription at any time by contacting [Pharmadent Consulting Inc]. However, fees paid for the subscription term will not be refunded.

8. LIMITATIONS OF LIABILITY

8.1 Disclaimer of Warranties

The Services are provided “as-is” without any warranty of any kind, express or implied. [Pharmadent Consulting Inc] disclaims all warranties, including but not limited to fitness for a particular purpose and non-infringement.

8.2 Limitation of Liability

[Pharmadent Consulting Inc] is not liable for any indirect, incidental, or consequential damages arising from your use of the Services.

9. INDEMNIFICATION

Subscribers agree to indemnify, defend, and hold harmless [Pharmadent Consulting Inc], its affiliates, and employees from any claims arising out of the Subscriber’s use of the Services or violation of this Agreement.

10. MISCELLANEOUS

10.1 Governing Law

This Agreement is governed by the laws of [Ontario], Canada.

10.2 Entire Agreement

This Agreement, together with any order forms and policies referenced, constitutes the entire agreement between the parties.

Contact Information:

For any questions regarding this Agreement, please contact [Pharmadent Consulting Inc] at [info@pharmachat24.com].