These Terms of Service ("Terms") govern the use of the software services of Siddhi LLC, a limited liability company with its address at 1255 Mirabeau Ln, San Jose, CA 95132, USA ("Siddhi", "we", "us"), including Atto Pharma eBMR, Atto eLogbooks and the Siddhi pharmacy growth platform (the "Services"). By signing up for, ordering or using the Services, the customer organization ("Customer", "you") agrees to these Terms. The person accepting them confirms that they have authority to bind the Customer. If you are a customer in India invoiced by Atachi Software Systems Private Limited, these Terms apply to your use of the Services and your invoices are issued by Atachi Software Systems Private Limited.
1. The Services
The Services are provided as software as a service over the internet. We may improve and change the Services from time to time; we will not materially reduce the core functionality of a Service you have paid for during the paid period. New releases are made available to your company's sites; for validated (GMP) use, a release reaches your QA and production sites when your QA accepts it or as agreed with you.
2. Accounts and users
Each user has their own account and must not share it. You are responsible for the people you give access to, for keeping the list of users current, and for all activity under your accounts. Subscriptions are per named user; a user's access may be reassigned when that person leaves the company.
3. Subscriptions, fees and payment
- Fees are as shown on our Pricing page or in your order, per user per month, billed in advance for each annual or half-yearly period, with the minimum number of users stated there.
- Invoices are payable within 15 days unless the invoice states otherwise. Fees are invoiced in US dollars by Siddhi LLC and paid through the payment page on the invoice (processed by Stripe) or by wire transfer; bank charges are the payer's. Customers in India are invoiced in Indian rupees, plus GST and applicable taxes, by Atachi Software Systems Private Limited.
- Fees exclude taxes. You pay any sales, use, goods and services, value-added or withholding taxes that apply, other than taxes on our income.
- The number of users is counted when each invoice is issued. A reduction in users takes effect from the next period.
- If an invoice is unpaid after its due date and a further grace period of 14 days, we may restrict the Services: on the manufacturing products, no new batch can be started until it is paid. Records already made remain readable, printable and exportable.
4. Term, renewal and termination
Each subscription runs for the period paid for and renews for a period of the same length unless either party gives notice of non-renewal at least 30 days before the end of the current period. Either party may terminate for material breach that is not cured within 30 days of written notice. Refunds and cancellations are covered by our Refund & Cancellation Policy.
5. Your data
You own the data and records you and your users enter or upload ("Customer Data"). You grant us the rights needed to host, process and display Customer Data only to provide and support the Services. We do not sell Customer Data and do not use it to train any model or for any purpose other than providing the Services to you. After termination you may export your records for 60 days; after that we may delete Customer Data, except where the law requires us to keep it.
6. Your responsibilities in regulated use
You remain responsible for your own regulatory compliance, including validation of the Services for your intended use (for example IQ, OQ and PQ), your procedures, the accuracy of the data your users enter, and decisions made from the records, such as batch release. The Services support compliance with electronic records and electronic signatures requirements (such as 21 CFR Part 11 and EU GMP Annex 11) but do not by themselves make you compliant.
7. Acceptable use
You will not misuse the Services: no attempts to break or bypass security, no reverse engineering except where the law allows it, no use to break the law or infringe others' rights, no excessive automated load, and no reselling of the Services without our written agreement.
8. Confidentiality and security
Each party keeps the other's confidential information confidential and uses it only for the purposes of these Terms. We use industry-standard technical and organizational measures to protect Customer Data, including encryption in transit, access controls and per-company separation of data. Our handling of personal information is described in our Privacy Policy.
9. Intellectual property
The Services, the software and all related intellectual property belong to Siddhi LLC and its licensors. You receive a non-exclusive, non-transferable right to use the Services during your subscription. Feedback you give us may be used to improve the Services without obligation to you.
10. Warranties and disclaimers
We will provide the Services with reasonable skill and care, substantially as described in their documentation. Except as stated in these Terms, the Services are provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows.
11. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and each party's total liability arising out of these Terms is limited to the fees paid or payable by you for the Services in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, to a party's indemnity obligations, or to liability that cannot be limited by law.
12. Indemnity
We will defend you against third-party claims that the Services infringe their intellectual property and pay the resulting damages awarded or agreed in settlement. You will defend us against third-party claims arising from Customer Data or from your use of the Services in breach of these Terms. The indemnified party must notify the other promptly and allow it to control the defense.
13. General
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules, and the state and federal courts in Santa Clara County, California, have exclusive jurisdiction. Neither party is liable for delays caused by events beyond its reasonable control. You may not assign these Terms without our consent, except to a successor of your business. A signed order or agreement between us takes precedence over these Terms where they differ. We may update these Terms; material changes take effect at your next renewal or after 30 days' notice. Notices to us: Siddhi LLC, 1255 Mirabeau Ln, San Jose, CA 95132, USA, support@siddhi.today.