1. Acceptance of Terms

By accessing and using vSMAART, a pharmaceutical supply chain management platform built by VariTec Consulting, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our platform.

These Terms apply to all users of vSMAART, including pharmaceutical companies, partners, consultants, and any other individuals or entities accessing our services.

2. Description of Services

vSMAART provides the following services:

  • Pharmaceutical supply chain exception management
  • AI-powered email analysis and categorization
  • Serialization compliance monitoring
  • Multi-tenant platform architecture
  • Integration with ticketing systems and ERP platforms
  • Real-time analytics and reporting
  • Technical support and customer service

3. User Accounts and Registration

Account Creation

  • You must provide accurate and complete information when creating an account
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • You are responsible for all activities that occur under your account

Account Types

  • Root Users: System-wide administrative access
  • Customer Users: Tenant-level access for pharmaceutical companies
  • Partner Users: GLN-specific access for supply chain partners
  • Consultant Users: Multi-tenant access with administrative privileges

4. Acceptable Use

You agree to use vSMAART only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the platform for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the platform's operation
  • Upload malicious code or content
  • Use the platform to process data that violates third-party rights

5. Data and Privacy

Data Ownership

  • You retain ownership of all data you upload to vSMAART
  • You grant us a limited license to process your data to provide our services
  • We do not claim ownership of your intellectual property or confidential information

Data Processing

  • We process your data in accordance with our Privacy Policy
  • Our AI systems may analyze your data to provide improved services
  • We implement appropriate security measures to protect your data
  • We comply with applicable data protection laws and regulations

6. Intellectual Property

Our Intellectual Property

  • vSMAART and all related technology are owned by VariTec Consulting
  • Our trademarks, logos, and service marks are our property
  • You may not use our intellectual property without written permission

Your Intellectual Property

  • You retain all rights to your intellectual property
  • You grant us a license to use your data for service provision
  • We do not claim ownership of your proprietary information

7. Service Availability and Support

Service Level

  • We strive to maintain 99.9% uptime for our platform
  • Scheduled maintenance will be announced in advance
  • We are not liable for service interruptions due to circumstances beyond our control

Support Services

  • Technical support is available during business hours
  • Emergency support is available 24/7 for critical issues
  • Support channels include email, phone, and live chat
  • Response times vary based on issue severity and support tier

8. Payment Terms

Pricing

  • Service pricing is as published on our website or as agreed in writing
  • Prices may be subject to change with 30 days' notice
  • All fees are non-refundable unless otherwise specified

Payment

  • Payment is due upon receipt of invoice
  • Late payments may result in service suspension
  • We accept payment by credit card, wire transfer, or check
  • All payments are processed securely

9. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
  • We are not liable for indirect, incidental, or consequential damages
  • We are not liable for data loss or corruption
  • We are not liable for damages caused by third-party integrations

10. Indemnification

You agree to indemnify and hold harmless VariTec Consulting and vSMAART from any claims, damages, or expenses arising from:

  • Your use of the platform in violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your infringement of third-party rights
  • Your data or content uploaded to the platform

11. Termination

Termination by You

  • You may terminate your account at any time
  • Termination will be effective at the end of your current billing period
  • You are responsible for any fees incurred before termination

Termination by Us

  • We may terminate your account for violation of these Terms
  • We will provide reasonable notice before termination
  • We may suspend service immediately for security violations

Data After Termination

  • We will retain your data for 30 days after termination
  • You may request data export during this period
  • After 30 days, data will be permanently deleted

12. Governing Law and Disputes

  • These Terms are governed by the laws of the State of New York
  • Disputes will be resolved through binding arbitration
  • Arbitration will be conducted in New York, NY
  • You waive your right to a jury trial

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our platform
  • Sending email notifications to registered users
  • Displaying prominent notices on our website

Your continued use of vSMAART after changes become effective constitutes acceptance of the updated Terms.

14. Contact Information

If you have questions about these Terms, please contact us:

Last Updated: January 2024
Effective Date: January 1, 2024