Terms of Service

Welcome to Mediyaam

Thank you for choosing Mediyaam as your pharmacy management solution. These Terms of Service ("Terms") constitute a legal agreement between you (the "Customer," "you," or "your") and Mediyaam ("we," "us," or "our") governing your access to and use of our pharmacy ERP software, services, and related features (collectively, the "Service").

By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Service.

1. Service Description

1.1 What We Provide

Mediyaam is a comprehensive cloud-based pharmacy management system that includes:

• Prescription Management: Electronic prescription processing, verification, and fulfillment tracking
• Inventory Control: Real-time inventory tracking, automated reordering, and supplier management
• Patient Management: Patient profiles, medication histories, and interaction checking
• Billing & Insurance: Claims processing, insurance verification, and payment management
• Reporting & Analytics: Business intelligence, compliance reporting, and operational insights
• Integrations: Connections with insurance providers, suppliers, and healthcare systems
• Mobile Access: Mobile applications for on-the-go pharmacy management

1.2 Service Availability

We strive to maintain 99.9% uptime for our Service. However, we may occasionally need to perform maintenance, updates, or experience unplanned outages. We will:

• Provide advance notice for scheduled maintenance when possible
• Minimize disruptions during business hours
• Maintain status updates at status.mediyaam.com
• Work promptly to restore service during unplanned outages

1.3 Service Modifications

We continuously improve Mediyaam and may add, modify, or remove features. We will notify you of significant changes that materially affect your use of the Service at least 30 days in advance.

2. Account Registration & Eligibility

2.1 Eligibility Requirements

To use Mediyaam, you must:

• Be a licensed pharmacy or authorized healthcare provider
• Possess all necessary licenses and permits to operate a pharmacy in your jurisdiction
• Be at least 18 years of age
• Have the authority to bind your organization to these Terms
• Provide accurate and complete registration information

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Implementing strong passwords and enabling multi-factor authentication
• Immediately notifying us of any unauthorized access or security breaches
• Ensuring only authorized personnel access your account

2.3 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Update your information promptly when changes occur
• Maintain valid payment information for subscription billing
• Notify us of changes to your pharmacy license or regulatory status

3. Subscription & Payment Terms

3.1 Subscription Plans

Mediyaam offers various subscription tiers with different features and pricing. Your subscription includes:

• Access to features included in your selected plan
• Regular software updates and security patches
• Customer support as specified in your plan
• Data storage and backup services
• Compliance with applicable healthcare regulations

3.2 Billing & Payment

Payment terms:

• Billing Cycle: Subscriptions are billed monthly or annually based on your selection
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Methods: We accept major credit cards, ACH transfers, and wire transfers for enterprise accounts
• Failed Payments: If payment fails, we'll notify you and attempt to process payment again. Service may be suspended after 15 days of non-payment
• Price Changes: We'll provide 60 days' notice before any price increases

3.3 Refund Policy

Our refund policy:

• Trial Period: New customers receive a 14-day free trial with full access to features
• Monthly Subscriptions: No refunds for partial months; cancellation takes effect at the end of the current billing period
• Annual Subscriptions: Pro-rated refunds available within 30 days of initial purchase or renewal
• Service Issues: Refunds or credits may be provided for significant service disruptions at our discretion

3.4 Cancellation

You may cancel your subscription at any time:

• Cancellations can be initiated through your account dashboard
• Service continues until the end of your current billing period
• You retain access to export your data for 30 days after cancellation
• We'll provide confirmation of cancellation via email

4. Your Responsibilities & Acceptable Use

4.1 Compliance with Laws

You agree to:

• Comply with all applicable federal, state, and local laws and regulations
• Maintain all necessary pharmacy licenses and permits
• Follow HIPAA, FDA, DEA, and other relevant healthcare regulations
• Ensure proper handling of controlled substances and patient data
• Implement required security and privacy safeguards

4.2 Prohibited Activities

You may not:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws regarding patient privacy or data protection
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any proprietary notices or labels
• Use the Service to transmit malware, viruses, or harmful code
• Interfere with or disrupt the Service or servers
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service without permission
• Impersonate another person or entity

4.3 Data Accuracy

You are responsible for:

• Ensuring accuracy of all data entered into the system
• Verifying prescription information before dispensing medications
• Maintaining proper documentation and record-keeping
• Regularly reviewing and updating patient information
• Implementing quality control procedures for data entry

5. Data Ownership & Usage Rights

5.1 Your Data

You retain all rights, title, and interest in your data, including:

• Patient records and prescription information
• Inventory and transaction data
• Business analytics and reports
• Custom configurations and settings

We act solely as a data processor on your behalf and never claim ownership of your data.

5.2 Our Rights

You grant us the right to:

• Host, store, and process your data to provide the Service
• Use aggregated, de-identified data for analytics and service improvement
• Access your data for support purposes with your permission
• Backup your data for disaster recovery purposes

5.3 Data Portability

You have the right to:

• Export your data at any time in standard formats (CSV, JSON, PDF)
• Request assistance with data migration to another system
• Receive a complete copy of your data upon account termination

6. Intellectual Property Rights

6.1 Our Property

Mediyaam and all related intellectual property, including software, designs, trademarks, logos, and documentation, are owned by us or our licensors. These Terms do not grant you any ownership rights to our intellectual property.

6.2 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for your pharmacy operations
• Use our mobile applications on devices you control
• Access documentation and training materials

6.3 Feedback

If you provide suggestions, ideas, or feedback about Mediyaam, we may use them without obligation or compensation to you. This helps us improve our Service for all users.

7. Privacy & Data Protection

7.1 Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your data. By using Mediyaam, you also agree to our Privacy Policy.

7.2 HIPAA Business Associate Agreement

For covered entities subject to HIPAA, we will execute a Business Associate Agreement (BAA) that outlines our responsibilities for protecting protected health information (PHI).

7.3 Data Security

We implement industry-standard security measures, but you acknowledge that no system is completely secure. You agree to implement appropriate security measures on your end, including:

• Secure network configurations
• Employee training on data security
• Physical security for devices accessing the Service
• Incident response procedures

8. Warranties & Disclaimers

8.1 Service Warranty

We warrant that the Service will perform substantially in accordance with our documentation under normal use. If the Service fails to meet this warranty, your sole remedy is for us to use commercially reasonable efforts to correct the issue or, if we cannot, to refund prepaid fees for the affected period.

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, error-free, or completely secure
• Warranties regarding the accuracy or reliability of any information obtained through the Service

8.3 Professional Responsibility

MEDIYAAM IS A TOOL TO ASSIST PHARMACY OPERATIONS. YOU REMAIN SOLELY RESPONSIBLE FOR:

• All professional decisions and judgments
• Verifying prescription accuracy and appropriateness
• Patient counseling and care
• Compliance with all applicable laws and regulations
• Maintaining professional licenses and standards of care

The Service does not replace professional judgment or expertise. Always verify critical information independently.

9. Limitation of Liability

9.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEDIYAAM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Cost of substitute services
• Personal injury or property damage

This applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we've been advised of the possibility of such damages.

9.2 Liability Cap

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $1,000, WHICHEVER IS GREATER.

9.3 Exceptions

The limitations above do not apply to:

• Our indemnification obligations
• Your payment obligations
• Your violation of our intellectual property rights
• Gross negligence or willful misconduct
• Matters that cannot be limited by applicable law

10. Indemnification

10.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Mediyaam and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your violation of any third-party rights
• Your data or content
• Professional malpractice or negligence in your pharmacy operations

10.2 Our Indemnification

We will indemnify you against third-party claims that the Service infringes their intellectual property rights, provided you:

• Promptly notify us of the claim
• Give us sole control of the defense and settlement
• Provide reasonable cooperation in the defense

11. Term & Termination

11.1 Term

These Terms begin when you first access the Service and continue until terminated by either party.

11.2 Termination by You

You may terminate these Terms at any time by:

• Cancelling your subscription through your account dashboard
• Providing written notice to support@mediyaam.com

11.3 Termination by Us

We may suspend or terminate your access if:

• You violate these Terms
• Your account is 30 days past due
• You engage in fraudulent or illegal activities
• Your pharmacy license is revoked or suspended
• We're required to do so by law
• We discontinue the Service (with 90 days' notice)

11.4 Effect of Termination

Upon termination:

• Your access to the Service will cease
• You'll have 30 days to export your data
• We'll delete your data after the retention period (unless legally required to retain it)
• You remain liable for any outstanding fees
• Sections that by their nature should survive will continue (e.g., warranties, liability limitations, indemnification)

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, please contact us at legal@mediyaam.com to attempt to resolve the dispute informally. We'll work in good faith to reach a mutually acceptable resolution.

12.2 Arbitration Agreement

If we can't resolve a dispute informally, you agree that any dispute will be resolved through binding arbitration rather than in court, except that either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitrator's decision will be final and binding.

12.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

12.4 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles. Any arbitration or court proceeding will take place in [Your Location].

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Mediyaam regarding the Service.

13.2 Amendments

We may modify these Terms from time to time. We'll notify you of material changes via email or in-app notification at least 30 days before they take effect. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

13.3 Severability

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

13.4 Waiver

Our failure to enforce any provision of these Terms doesn't constitute a waiver of that provision or any other provision.

13.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

13.6 Force Majeure

Neither party will be liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service failures.

13.7 Notices

We'll send notices to the email address associated with your account. You must send notices to legal@mediyaam.com. Notices are effective upon receipt.

13.8 Relationship

These Terms don't create a partnership, joint venture, employment, or agency relationship between you and Mediyaam.

14. Contact Information

For questions about these Terms, please contact us:

Legal Department: legal@mediyaam.com
Customer Support: support@mediyaam.com
Billing Questions: billing@mediyaam.com
Technical Support: Available through your account dashboard
Response Time: We aim to respond to all inquiries within 48 hours