Software License and Service Agreement
Note
This page is a summary of key points for quick reference. The formal agreement shall be the contract signed by both parties; for the complete legal text, please contact hanpson@agreenpeak.com.
1. Parties and Scope
This Agreement is entered into between the service provider of the Pharmate platform (the "Provider") and the enterprise customer using Pharmate products and services (the "Customer"), covering software licensing, service content, rights and obligations of both parties, and limitation of liability.
2. License Grant
| Edition | Nature of License |
|---|---|
| SaaS Standard | Non-exclusive, non-transferable right of use during the subscription term |
| On-Premise Enterprise | Perpetual, non-exclusive, non-transferable software license, limited to the deployment instances and seats specified in the contract |
Without written permission, the following are prohibited: decompilation, reverse engineering, resale, rental or lending, and removal of copyright notices.
3. Service Content
- Twelve functional modules and subsequent version updates (within the maintenance period)
- Technical support: SaaS — weekdays 9:00–18:00 (CST); on-premise — per maintenance tier (5×8 / 7×24)
- On-premise includes implementation services: deployment, data migration, training, acceptance (per contract scope)
4. Customer Obligations
- Use the platform lawfully; do not use it for illegal activities
- Properly safeguard account credentials; account actions are deemed Customer actions
- The Customer is responsible for the legality of uploaded data (including compliant authorization for personal information processing)
- Pay fees as agreed
5. Provider Obligations
- Guarantee service availability (SaaS monthly availability commitment of 99.5%, excluding force majeure and planned maintenance)
- Data security protection: encryption in transit and at rest, access control, backups
- Privacy protection: without Customer authorization, Customer business data will not be used for model training or disclosed to third parties
6. Intellectual Property
- Intellectual property in the platform software, documentation and algorithms belongs to the Provider
- Intellectual property in business data uploaded by the Customer belongs to the Customer
- AI-generated content: the Customer may freely use it in compliant scenarios; the Provider asserts no rights
7. Limitation of Liability
- The Provider's cumulative liability is capped at the fees paid by the Customer in the preceding 12 months
- Indirect losses (loss of profit, derivative losses beyond data recovery costs) are not compensable
- The Provider is not liable for losses caused by the Customer's environment, misoperation, or third parties
8. Term and Termination
- SaaS: upon expiry of the subscription term, handled per Renewal & Expansion
- On-premise: the license is perpetual; maintenance renews annually
- If either party materially breaches and fails to cure within 30 days, the compliant party may terminate
- Post-termination data handling follows the export and deletion terms in Refund Policy
9. Dispute Resolution
Friendly negotiation first; failing that, disputes shall be submitted to the competent people's court at the place of contract execution.