1. Acceptance and scope
These Terms & Conditions form a binding agreement between you ("Customer", "you") and HMRS Solution ("HMRS", "we", "us"). They apply to the website hmrssolution.com, the live demo, and all HMRS hospital and pharmacy management software, updates and related services (the "Software"). By using the website or demo, or by buying, subscribing to, installing or using the Software, you accept these terms. If you accept on behalf of a hospital or company, you confirm you have authority to bind it. If you do not agree, do not use the Software.
2. Licence, not sale
The Software is licensed, not sold. HMRS grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to use the Software, in the form delivered, for your own internal use at the single facility, number of users or installations stated in your quote, invoice or licence. All rights, title and interest in the Software, including source code, object code, design, database structure, reports, documentation, trademarks and licence keys, belong exclusively to HMRS and are protected by the Copyright Act, 1957 and other laws. All rights not expressly granted are reserved.
3. Restrictions
Without HMRS's prior written permission you must not, and must not allow anyone else to:
- Modify, adapt, translate, customise, or create derivative works of the Software.
- Copy, duplicate, publish or distribute the Software, in whole or in part.
- Resell, rent, lease, lend, host for others, offer as a service, or sub-license the Software.
- Transfer, assign or share your licence, licence keys or login access with any other person, facility, branch, company or machine.
- Reverse-engineer, decompile, disassemble or try to extract source code, algorithms or database structure.
- Remove, disable or bypass any licence check, machine binding, notice or protection, or tamper with the licence files.
- Use the Software to build a competing product, or benchmark it for publication.
- Use the Software unlawfully, or in a way that harms HMRS or others.
Any attempted modification, resale or transfer without written permission is void and is a material breach. HMRS may give written permission at its sole discretion and on its own terms, including additional fees.
4. Ownership of customer data
Data you enter into the Software remains yours. HMRS does not collect or access it. You are solely responsible for its accuracy, legality and security, and for patient consents and regulatory compliance. You grant HMRS no rights in your data, except limited access only if you separately ask us for support and give us that access.
5. Demo and trial
The live demo is provided for evaluation only, as is, with sample data. Access may be limited, changed, reset or withdrawn at any time without notice. You must not enter real patient or business data, attack, overload or scrape the demo, or share demo login details publicly. Demo access gives no licence to the Software.
6. Clinical and professional responsibility
The Software is an administrative and record-keeping tool. It does not provide medical advice, diagnosis, treatment decisions or legal and tax advice. All prescribing, dispensing, clinical, stock, billing, GST and regulatory decisions are the sole responsibility of you and your qualified professionals. You must verify all outputs, including expiry alerts, stock levels, calculations, invoices and reports, before relying on them. HMRS is not responsible for any harm to patients, regulatory action, or business loss from reliance on the Software.
7. Customer responsibilities
You are responsible for:
- Your hardware, operating system, network, power and internet connectivity.
- Installing and keeping your systems secure, and protecting user accounts and passwords.
- Taking regular backups and testing restoration. HMRS does not hold your backups.
- The conduct of your users, and for training them.
- Holding all licences, registrations and approvals needed to operate your hospital or pharmacy.
- Giving accurate information to HMRS.
8. Fees and payment
Fees are as stated in your quote or invoice and are payable in advance unless agreed otherwise in writing. Taxes, including GST, are extra. Fees are non-refundable once the Software, licence, update or service has been delivered, activated or made available, except where the law requires otherwise. Late payment may result in suspension of licence, support or updates. Subscription plans renew until cancelled in writing as stated in your plan. Prices and plans may change for future periods.
9. Support, updates and maintenance
Support, maintenance and updates are provided only during a period covered by an active plan or maintenance contract, within the scope, hours and channels we confirm in writing. We do not promise any particular response or fix time unless agreed in writing. Custom features, data migration, training and on-site visits are separate paid services. HMRS may change, replace or discontinue features, and may release updates, which you may be required to install.
10. Licence monitoring and audit
The Software may check licence validity, expiry and the machine on which it runs. You agree that HMRS may disable or restrict the Software if a licence is expired, invalid, used on an unauthorised machine, or used in breach of these terms. On reasonable written notice, you will help verify your compliance with the licence.
11. Intellectual property and feedback
Names, logos and branding are HMRS property and may not be used without permission. If you give us suggestions or feedback, we may use them freely without obligation to you.
12. Disclaimer of warranties
To the fullest extent permitted by law, the website, demo and Software are provided "as is" and "as available", without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, compatibility with your systems, or uninterrupted, secure or error-free operation. HMRS does not warrant that defects will be corrected or that data will not be lost.
13. Limitation of liability
To the fullest extent permitted by law, HMRS and its owners, partners, employees and agents are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, revenue, data, goodwill or business, loss arising from patient claims, regulatory penalties, downtime, or third-party claims, however caused, even if advised of the possibility. HMRS's total aggregate liability for all claims relating to the Software or these terms will not exceed the fees you actually paid to HMRS for the Software in the three (3) months before the event giving rise to the claim. Any claim must be brought within one (1) year of the cause arising. Nothing excludes liability that cannot lawfully be excluded.
14. Indemnity
You agree to defend, indemnify and hold harmless HMRS, its owners, partners, employees and agents from all claims, losses, damages, penalties, costs and expenses, including reasonable legal fees, arising from your use of the Software, your data, your clinical, pharmacy or business decisions, claims by patients or third parties, your breach of these terms, or your violation of any law or third-party right.
15. Confidentiality
You agree to keep confidential the non-public parts of the Software, pricing, licence keys, documentation and technical information of HMRS, and not to disclose them to anyone without written permission, except to your own staff who need to know and are bound to keep it confidential.
16. Term and termination
These terms apply for as long as you use the Software. HMRS may suspend or terminate your access or licence immediately, without refund, if you breach these terms, fail to pay, or misuse the Software. You may stop using the Software at any time, but fees already paid are not refundable. On termination you must stop using the Software, and delete all copies and licence keys. Sections that by nature should survive, including ownership, restrictions, payment, disclaimers, liability, indemnity, confidentiality and governing law, will survive.
17. Force majeure
HMRS is not liable for any delay or failure caused by events beyond its reasonable control, including natural disasters, power or internet failure, government action, strikes, cyber-attacks and failures of third-party services.
18. Governing law and disputes
These terms are governed by the laws of India. The parties will first try to resolve any dispute in good faith through discussion. If it is not resolved within thirty (30) days, it is subject to the exclusive jurisdiction of the courts at the place of HMRS's principal office in India. HMRS may seek urgent injunctive relief in any court to protect its intellectual property.
19. General
These terms, with your quote or invoice, are the entire agreement between us on this subject and replace earlier discussions. If any part is held unenforceable, the rest remains in effect. A failure to enforce a right is not a waiver. You may not assign these terms without our written consent; HMRS may assign them. Notices may be sent to the email or phone number you gave us. HMRS may update these terms by posting the new version on this page, and continued use means you accept it.
20. Contact and grievances
For questions, requests or complaints about this document, write to ronakgopani.rg@gmail.com or call +91 74050 63828. We will acknowledge and respond within a reasonable time and in line with applicable law.