Introduction
These Terms and Conditions ("Terms") govern your access to and use of the website, products, and services provided by GamaQ Software Solutions Pvt. Ltd. ("GamaQ", "we", "us", or "our").
By accessing our website (www.gamaqsoft.com), requesting a demo, or purchasing our software, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.
1. Definitions
- "Services" refers to all software products, cloud services, support, and related offerings provided by GamaQ.
- "Client" or "You" refers to the healthcare facility, organization, or individual entering into an agreement with GamaQ.
- "Software" includes clinic management, hospital management, lab reporting, inventory management, and all related modules.
- "Agreement" refers to the software license agreement or service contract entered between GamaQ and the Client.
2. Acceptance of Terms
By using our services, you represent that:
- You are at least 18 years of age
- You have the authority to bind your organization to these Terms
- You will comply with all applicable laws and regulations
- All information you provide is accurate and up-to-date
3. Software License and Usage
3.1 License Grant
Subject to your compliance with these Terms and payment of applicable fees, GamaQ grants you a non-exclusive, non-transferable, revocable license to use our Software for your internal healthcare operations.
3.2 Permitted Use
You may use the Software for:
- Managing patient records and healthcare operations
- Processing billing and accounting functions
- Generating reports and analytics
- Any lawful purpose consistent with your healthcare facility operations
3.3 Prohibited Use
You agree NOT to:
- Copy, modify, or create derivative works of the Software
- Reverse engineer, decompile, or disassemble the Software
- Rent, lease, sell, or sublicense the Software to third parties
- Remove or alter any proprietary notices or labels
- Use the Software for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to GamaQ systems or networks
- Introduce viruses, malware, or harmful code
4. Account Registration and Security
When you create an account:
- You must provide accurate and complete information
- You are responsible for maintaining the confidentiality of your login credentials
- You must notify us immediately of any unauthorized access
- You are responsible for all activities under your account
- We reserve the right to suspend or terminate accounts that violate these Terms
5. Fees and Payment
5.1 Pricing
Fees for our Services are outlined in your specific Agreement or pricing proposal. All prices are in Indian Rupees (INR) unless otherwise specified.
5.2 Payment Terms
- Payment is due as per the terms specified in your Agreement
- Late payments may incur interest charges as permitted by law
- Failure to pay may result in suspension of Services
- All fees are non-refundable unless otherwise stated in your Agreement
5.3 Price Changes
We reserve the right to modify our pricing with 60 days' written notice. Price changes will not affect existing contracts until renewal.
6. Data Ownership and Security
6.1 Your Data
You retain all ownership rights to the data you input into our Software, including patient records and business information. GamaQ does not claim any ownership of your data.
6.2 Our Responsibilities
GamaQ will:
- Implement industry-standard security measures to protect your data
- Maintain daily automated backups
- Provide 99.9% uptime guarantee for cloud services
- Encrypt data in transit and at rest
- Comply with applicable data protection regulations
6.3 Your Responsibilities
You agree to:
- Comply with all applicable healthcare privacy laws
- Maintain appropriate user access controls
- Use the Software in accordance with professional healthcare standards
- Not upload illegal, harmful, or inappropriate content
7. Support and Maintenance
7.1 Technical Support
GamaQ provides 24/7 technical support via phone, email, and remote assistance as outlined in your Agreement. Response times may vary based on issue severity and your service tier.
7.2 Software Updates
We regularly release updates, bug fixes, and new features at no additional cost. Some updates may be mandatory for security or compliance reasons.
7.3 Scheduled Maintenance
We may perform scheduled maintenance with advance notice. We will make reasonable efforts to minimize service disruption.
8. Term and Termination
8.1 Agreement Term
The initial term and renewal terms are specified in your Agreement. Agreements typically renew automatically unless either party provides written notice of non-renewal.
8.2 Termination for Cause
Either party may terminate the Agreement for cause if:
- The other party materially breaches these Terms
- Payment is more than 30 days overdue
- The other party becomes insolvent or files for bankruptcy
8.3 Effect of Termination
Upon termination:
- Your license to use the Software immediately ceases
- You must pay all outstanding fees
- GamaQ will provide you with an export of your data within 30 days
- GamaQ may delete your data from our systems after 90 days
9. Warranties and Disclaimers
9.1 Limited Warranty
GamaQ warrants that the Software will perform substantially in accordance with the documentation provided. If the Software fails to meet this warranty, we will use reasonable efforts to correct the issue.
9.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties of uninterrupted or error-free operation
- Warranties regarding third-party integrations
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- GamaQ's total liability shall not exceed the fees paid by you in the 12 months preceding the claim
- GamaQ shall not be liable for any indirect, incidental, special, or consequential damages
- GamaQ is not responsible for data loss resulting from your failure to maintain adequate backups
- GamaQ is not liable for issues caused by your misuse of the Software or violation of these Terms
11. Intellectual Property Rights
All intellectual property rights in the Software, including copyrights, trademarks, patents, and trade secrets, belong exclusively to GamaQ. Nothing in these Terms transfers any ownership rights to you.
The GamaQ name, logo, and all related marks are trademarks of GamaQ Software Solutions Pvt. Ltd. You may not use these marks without our prior written permission.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by the laws of India. The courts of Hyderabad, Telangana shall have exclusive jurisdiction over any disputes.
12.2 Dispute Resolution
In the event of any dispute, both parties agree to first attempt resolution through good-faith negotiations. If unresolved within 30 days, either party may pursue legal remedies.
13. General Provisions
13.1 Entire Agreement
These Terms, together with your specific Agreement, constitute the entire agreement between you and GamaQ and supersede all prior communications.
13.2 Amendments
We may modify these Terms at any time by posting updated Terms on our website. Continued use of the Services constitutes acceptance of the modified Terms.
13.3 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
14. Contact Information
For questions about these Terms or our Services, please contact:
GamaQ Software Solutions Pvt. Ltd.
SBH Officers Colony, Mega Hills
Madhapur, Hyderabad
Telangana 500081, India
Email: legal@gamaqsoft.com
Support: info@gamaqsoft.com
Phone: +91-XXXX-XXXXXX
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