Terms of Service
Terms of Service
These Terms of Service govern your access to and use of BitMed, a SaaS pharmacy billing and management product available through bitmed.in and related applications, services, software, features, documentation, support channels, and websites.
BitMed is owned and operated by Xccelerance Technologies Pvt. Ltd., a company registered in India.
By accessing, registering for, subscribing to, or using BitMed, you agree to these Terms. If you do not agree to these Terms, you must not use BitMed.
1. Definitions
In these Terms:
“BitMed”, “we”, “us”, or “our” means Xccelerance Technologies Pvt. Ltd. and the BitMed software, website, platform, services, and related offerings.
“Customer”, “you”, or “your” means the pharmacy, pharmacy chain, clinic, hospital pharmacy, dispensary, business, entity, owner, administrator, or individual who registers for or uses BitMed.
“User” means any person authorized by a Customer to access BitMed, including owners, administrators, managers, pharmacists, billing operators, staff members, and viewers.
“End Customer” means any individual whose information is entered into BitMed by a Customer, including pharmacy customers, patients, buyers, doctors, suppliers, or other third parties.
“Customer Data” means all data, content, records, documents, business information, personal data, transaction data, inventory data, compliance data, and other information submitted to or generated through BitMed by or on behalf of a Customer.
“Services” means the BitMed SaaS product and related services provided by us.
2. About BitMed
BitMed is a pharmacy billing and management software product designed for Indian retail pharmacies. It may include features such as:
- Point of sale and billing
- Product search and barcode-based billing
- Inventory and batch tracking
- Expiry tracking and FEFO batch selection
- Customer management
- Supplier and procurement management
- Purchase orders and goods receipt notes
- GST calculation and reports
- Schedule H, H1, and X drug-related workflows
- Audit trails
- User roles and permissions
- Multi-store management
- Offline-supported billing and sync
- Reports and analytics
BitMed is a software tool. It does not itself operate a pharmacy, sell medicines, dispense medicines, prescribe medicines, provide medical advice, provide tax advice, or guarantee legal compliance.
3. Eligibility and Authority
You may use BitMed only if you are legally capable of entering into a binding agreement.
If you use BitMed on behalf of a pharmacy, company, partnership, proprietorship, chain, clinic, hospital, or other organization, you confirm that you have authority to accept these Terms on behalf of that organization.
You are responsible for ensuring that all Users created under your account comply with these Terms.
4. Account Registration
To use BitMed, you may need to create an account and provide accurate information, including business details, pharmacy details, contact details, GSTIN, drug licence details, user details, and other information required for onboarding.
You agree that:
- All information provided by you will be accurate, complete, and up to date.
- You will promptly update incorrect or outdated information.
- You will not impersonate any person or entity.
- You will not create accounts using false, misleading, or unauthorized information.
- You are responsible for all activity under your account.
We may refuse registration, suspend access, or terminate accounts where we reasonably believe the information provided is false, unlawful, misleading, unauthorized, or in violation of these Terms.
5. User Accounts, Roles, and Access Control
BitMed may allow Customers to create multiple user accounts with different roles and permissions, such as Owner, Manager, Pharmacist, Billing Operator, Viewer, or custom roles.
You are responsible for:
- Creating user accounts only for authorized staff
- Assigning appropriate roles and permissions
- Ensuring pharmacists and staff are assigned only to appropriate stores
- Keeping passwords, PINs, and login credentials confidential
- Deactivating users who leave your organization or no longer require access
- Monitoring activity under your account
- Preventing unauthorized access to your devices and browser sessions
Any activity performed through your account or by your Users will be treated as activity authorized by you unless you promptly notify us of unauthorized access.
6. Pharmacy, GST, and Regulatory Responsibility
BitMed may assist with pharmacy operations, GST records, invoice generation, stock tracking, drug schedule workflows, H1 register records, audit trails, and compliance reports.
However, you are solely responsible for ensuring that your pharmacy business complies with all applicable laws, rules, licences, registrations, professional standards, and regulatory requirements, including but not limited to:
- Drugs and Cosmetics Act and Rules
- Pharmacy laws and professional obligations
- Applicable state drug control requirements
- GST laws and tax filing obligations
- Prescription and dispensing requirements
- Drug licence requirements
- Pharmacist registration requirements
- Record retention requirements
- Consumer protection laws
- Data protection and privacy laws
- Any other applicable central, state, or local laws
BitMed does not guarantee that use of the software alone will make your pharmacy legally compliant.
You must independently verify all invoices, tax reports, H1 registers, audit records, purchase records, prescription records, product classifications, GST rates, HSN codes, and other compliance outputs before relying on them for legal, regulatory, tax, audit, or inspection purposes.
7. No Medical, Legal, Tax, or Professional Advice
BitMed is a software platform. It does not provide:
- Medical advice
- Prescription advice
- Drug safety advice
- Diagnosis or treatment recommendations
- Legal advice
- Tax advice
- Accounting advice
- Regulatory certification
- Pharmacy practice supervision
Any information generated through BitMed is based on the data configured or entered by you, your Users, or available product data sources. You must use professional judgment and verify all information before dispensing medicines, filing returns, preparing records, or making business decisions.
8. Customer Data Ownership
As between you and us, you own your Customer Data.
You grant us a limited, non-exclusive, worldwide licence to host, process, store, transmit, back up, display, generate, and use Customer Data only as necessary to:
- Provide BitMed services
- Operate the platform
- Enable features used by you
- Provide support
- Maintain security
- Perform backups and sync
- Generate reports and records
- Improve service reliability
- Comply with law
- Enforce these Terms
We do not sell your Customer Data.
9. Data Privacy
Our collection, use, storage, sharing, and protection of personal data is described in our Privacy Policy.
You are responsible for ensuring that you have lawful authority, notice, consent, or another valid legal basis to enter and process personal data of pharmacy customers, patients, doctors, staff, suppliers, and other persons in BitMed.
You must not enter personal data into BitMed unless you have the right to do so.
Where End Customers, patients, doctors, suppliers, or staff members request access, correction, deletion, or other rights relating to their data, you are responsible for handling such requests where you control the relevant data.
10. Acceptable Use
You agree not to use BitMed for any unlawful, harmful, abusive, fraudulent, or unauthorized purpose.
You must not:
- Use BitMed in violation of applicable law
- Enter false, misleading, or unauthorized information
- Upload or transmit viruses, malware, harmful code, or malicious content
- Attempt to gain unauthorized access to BitMed or its systems
- Interfere with the security, integrity, or performance of BitMed
- Reverse engineer, decompile, copy, modify, or create derivative works of BitMed except as permitted by law
- Sell, rent, sublicense, or commercially exploit BitMed except as expressly permitted by us
- Use BitMed to store or transmit illegal, defamatory, obscene, infringing, harmful, or privacy-invasive content
- Misrepresent regulatory, pharmacy, tax, or business records
- Circumvent usage limits, billing limits, security controls, or access restrictions
- Use BitMed in a way that harms other users, our infrastructure, or third-party systems
- Share login credentials between unauthorized persons
- Use another person’s account without permission
We may suspend or terminate access if we believe your use violates these Terms or applicable law.
11. Subscription Plans, Fees, and Payment
BitMed may be offered through free trials, paid subscriptions, promotional plans, monthly plans, annual plans, setup fees, onboarding charges, usage-based fees, add-ons, or custom enterprise pricing.
By subscribing to a paid plan, you agree to pay all applicable fees, taxes, and charges according to the selected plan, invoice, order form, proposal, or subscription agreement.
Unless otherwise stated:
- Fees are payable in Indian Rupees.
- Fees are exclusive of applicable taxes unless expressly stated.
- Subscription access may be suspended for non-payment.
- Plan features may vary by subscription tier.
- We may change pricing or plan features with prior notice where required.
- Renewal charges may apply automatically if auto-renewal is enabled.
- You are responsible for keeping billing and payment details accurate.
12. Free Trial
We may offer a free trial at our discretion.
During a free trial:
- Access may be limited by time, features, stores, users, usage, or data volume.
- We may modify, extend, shorten, or withdraw the trial at any time.
- Trial data may be deleted after the trial ends unless you subscribe or request export, subject to our policies.
- We are not obligated to provide production-level availability, support, or data retention for unpaid trial accounts unless expressly agreed.
13. Refunds and Cancellation
Refunds, cancellations, downgrades, and subscription termination will be governed by our Refund & Cancellation Policy, if published separately, or by the terms stated in your subscription plan, invoice, proposal, or agreement.
Unless otherwise stated in writing:
- Subscription fees already paid are non-refundable.
- Partial-month or partial-year refunds are not guaranteed.
- Setup, onboarding, migration, customization, and training fees are non-refundable once work has started.
- Cancellation stops future billing but does not automatically entitle you to a refund for the current billing period.
- Access may continue until the end of the paid period unless otherwise specified.
14. Taxes
You are responsible for all applicable taxes, duties, levies, cess, and government charges arising from your subscription or use of BitMed, except taxes based on our income.
If GST or other tax applies, it may be charged in addition to the subscription fee.
You are responsible for providing accurate GSTIN, billing address, place of supply, and other tax-related information.
15. Offline-Supported Billing and Browser Storage
BitMed may provide offline-supported billing for temporary internet interruptions by storing certain data locally in your browser or device and syncing it to the cloud when internet connectivity is restored.
You acknowledge that offline-supported billing may depend on:
- Browser storage availability
- Device condition
- Network connectivity
- User permissions
- Local browser settings
- Timely sync
- Avoiding browser data deletion
- Correct device and counter configuration
You are responsible for ensuring that Users do not clear browser data, reset devices, uninstall browsers, or change local settings before pending offline data is synced.
We are not responsible for data loss caused by device failure, browser data deletion, unauthorized access, malware, local system corruption, user error, or failure to follow sync instructions.
16. Data Backup and Data Loss
We use reasonable measures to back up and protect data stored on our systems. However, no system is completely immune from failure, attack, error, interruption, or loss.
You are responsible for:
- Periodically exporting important reports and records
- Keeping copies of legally required records where necessary
- Ensuring offline bills are synced
- Protecting local devices
- Maintaining your own operational continuity practices
We are not liable for loss of data caused by incorrect user input, unauthorized access caused by your credential compromise, deletion by your authorized Users, browser data deletion, device failure, third-party services, force majeure events, or circumstances outside our reasonable control.
17. Product Master, GST Rates, HSN Codes, and Drug Schedule Data
BitMed may provide product master data, medicine database entries, HSN codes, GST rates, salt information, manufacturer information, drug schedule classification, or other reference data.
Such data is provided for convenience and may require verification.
You are responsible for confirming:
- Product name
- Salt or composition
- Manufacturer
- HSN code
- GST rate
- Drug schedule
- Batch number
- Expiry date
- MRP
- Purchase rate
- Unit conversion
- Loose sale configuration
- Prescription requirements
We are not responsible for losses, penalties, incorrect billing, incorrect tax filings, regulatory issues, or dispensing errors caused by incorrect, outdated, incomplete, or unverified product or compliance data.
18. Reports, GST Filings, and Compliance Records
BitMed may generate reports such as sales reports, purchase reports, GST reports, GSTR-1 summaries, GSTR-3B summaries, H1 registers, audit trails, stock reports, and financial reports.
These reports are generated based on data entered, imported, configured, or processed in BitMed.
You must verify all reports before using them for:
- GST filing
- Tax reporting
- Drug inspector visits
- Audits
- Financial accounting
- Legal proceedings
- Business decisions
- Regulatory submissions
We do not guarantee that reports will be accepted by any tax authority, drug control authority, inspector, auditor, court, or regulator.
19. Support
We may provide support through email, phone, chat, website forms, help documentation, remote assistance, or other support channels.
Support availability, response times, and scope may vary by plan.
Unless expressly agreed in writing, support does not include:
- Legal advice
- Tax filing
- Accounting services
- Pharmacy regulatory advice
- Hardware repair
- Printer repair
- Internet troubleshooting
- Device maintenance
- Custom development
- Data entry on your behalf
- Correction of incorrect business records entered by your Users
We may access your account or data only where necessary to provide support, troubleshoot issues, maintain security, comply with law, or as authorized by you.
20. Service Availability and Maintenance
We aim to keep BitMed reliable and available. However, we do not guarantee uninterrupted, error-free, or continuous availability.
BitMed may be unavailable due to:
- Scheduled maintenance
- Emergency maintenance
- Internet failures
- Cloud provider issues
- Third-party service outages
- Security incidents
- Software bugs
- Force majeure events
- Network problems
- Device or browser issues
We may modify, suspend, or discontinue any feature or service at any time, with or without notice, where reasonably necessary.
21. Third-Party Services and Integrations
BitMed may use or integrate with third-party services such as cloud hosting, SMS/OTP providers, email providers, payment gateways, analytics tools, monitoring tools, GST-related systems, printers, barcode scanners, accounting systems, or other business applications.
Your use of third-party services may be subject to their own terms and privacy policies.
We are not responsible for the acts, omissions, availability, accuracy, security, pricing, or policies of third-party services.
22. Hardware, Printers, Barcode Scanners, and Devices
BitMed may work with compatible computers, browsers, printers, barcode scanners, and other devices.
You are responsible for:
- Procuring compatible hardware
- Maintaining devices and printers
- Installing drivers where required
- Ensuring browser compatibility
- Maintaining internet connectivity
- Securing devices against unauthorized access
- Testing printer and scanner workflows before production use
We do not guarantee compatibility with every hardware device, printer, scanner, operating system, browser, or network environment.
23. Intellectual Property
BitMed, including its software, design, user interface, workflows, source code, documentation, trademarks, logos, content, technology, and related materials, is owned by Xccelerance Technologies Pvt. Ltd. or its licensors.
These Terms do not transfer ownership of BitMed or any intellectual property rights to you.
You receive only a limited, revocable, non-exclusive, non-transferable right to use BitMed according to these Terms and your subscription plan.
You must not copy, reproduce, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of BitMed except as expressly permitted by law.
24. Feedback and Suggestions
If you provide feedback, ideas, suggestions, bug reports, feature requests, or improvement recommendations, you grant us the right to use them without restriction or compensation.
We may incorporate such feedback into BitMed or other products.
25. Confidentiality
During your use of BitMed, either party may receive confidential information from the other.
Each party agrees to use reasonable care to protect confidential information and not disclose it except as necessary to perform obligations, provide services, comply with law, or as otherwise permitted under these Terms.
Customer Data will be handled according to these Terms and our Privacy Policy.
26. Suspension of Access
We may suspend your access to BitMed if:
- Fees are overdue
- You violate these Terms
- We detect security risk or unauthorized access
- Your use may harm BitMed, other users, or third parties
- Required information is false, incomplete, or misleading
- We are required to do so by law, court order, regulator, or government authority
- Your account is used for unlawful, fraudulent, or abusive activity
Where reasonable, we will try to notify you before suspension, but we may suspend immediately where necessary to protect security, comply with law, or prevent harm.
27. Termination
You may stop using BitMed or cancel your subscription according to your plan and our cancellation policy.
We may terminate or restrict your access if you materially breach these Terms, fail to pay fees, misuse the platform, violate law, or create risk for us, our users, or third parties.
Upon termination:
- Your right to use BitMed will end.
- You must stop accessing the Services.
- Outstanding fees will remain payable.
- We may retain data as required by law, backup, audit, tax, security, or legitimate business needs.
- Data export may be available subject to plan, policy, payment status, technical feasibility, and applicable law.
28. Data Export After Termination
You may request export of available Customer Data after termination, subject to:
- Verification of account ownership
- Payment of outstanding dues
- Technical feasibility
- Legal retention obligations
- Our data retention policy
- Any applicable export fees, if stated
We are not obligated to retain Customer Data indefinitely after account closure or subscription expiry.
29. Disclaimers
BitMed is provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free performance, legal compliance, tax compliance, regulatory compliance, or suitability for your specific business requirements.
We do not warrant that:
- BitMed will always be available
- BitMed will be error-free
- All bugs will be fixed
- Reports will always be accurate if input data is incorrect
- Product master data will always be complete or current
- Use of BitMed will ensure legal compliance
- Offline sync will succeed if local data is deleted or devices fail
- Third-party services will remain available
- BitMed will meet every pharmacy, tax, regulatory, or business requirement
30. Limitation of Liability
To the maximum extent permitted by law, Xccelerance Technologies Pvt. Ltd. will not be liable for:
- Indirect, incidental, special, consequential, punitive, or exemplary damages
- Loss of profits
- Loss of revenue
- Loss of business
- Loss of goodwill
- Loss of data
- Business interruption
- Regulatory penalties
- Tax penalties
- Incorrect GST filing
- Incorrect product configuration
- Incorrect drug schedule classification
- Prescription or dispensing errors
- Incorrect inventory or stock records caused by user input
- Unauthorized access caused by weak passwords, shared PINs, or device compromise
- Browser storage deletion or offline sync failure caused by user/device/browser issues
- Third-party service failures
- Hardware, printer, scanner, or network failures
Our total aggregate liability for all claims arising out of or relating to BitMed, whether in contract, tort, negligence, strict liability, breach of statutory duty, or otherwise, will not exceed the lower of:
- the total subscription fees actually paid by you to us for the specific BitMed account giving rise to the claim during the three (3) months immediately preceding the event that gave rise to the claim; or
- the amount payable for one (1) month of your then-current subscription plan.
If you are using BitMed under a free trial, free plan, promotional plan, or unpaid access, our total aggregate liability will be limited to the maximum extent permitted under applicable law.
Nothing in these Terms limits liability where such limitation is not permitted under applicable law.
31. Indemnity
You agree to indemnify, defend, and hold harmless Xccelerance Technologies Pvt. Ltd., its directors, employees, contractors, service providers, and affiliates from and against any claims, losses, damages, liabilities, penalties, costs, and expenses arising from:
- Your use of BitMed
- Your violation of these Terms
- Your violation of applicable law
- Your Customer Data
- Incorrect or unlawful data entered by you or your Users
- Pharmacy, GST, tax, drug control, prescription, or regulatory non-compliance
- Unauthorized use of your account
- Disputes with your customers, patients, doctors, suppliers, staff, or regulators
- Misuse of reports, registers, invoices, or records generated through BitMed
- Infringement of third-party rights
32. Force Majeure
We will not be liable for delay or failure to perform due to events beyond our reasonable control, including natural disasters, internet outages, power failures, government actions, war, terrorism, labour disputes, pandemics, cyberattacks, cloud provider failures, third-party service outages, regulatory changes, or other force majeure events.
33. Changes to BitMed
We may update, improve, modify, remove, or discontinue features at any time.
We may release updates, patches, new modules, modified workflows, UI changes, pricing changes, or plan changes. Some features may be available only in certain plans or may require additional fees.
34. Changes to These Terms
We may update these Terms from time to time.
When we update these Terms, we will revise the “Last Updated” date. For material changes, we may notify you through the website, application, email, or other reasonable means.
Your continued use of BitMed after updated Terms become effective means you accept the revised Terms.
35. Governing Law
These Terms are governed by the laws of India.
Subject to the dispute resolution clause below, the courts located at Indore, Madhya Pradesh, India will have jurisdiction over disputes arising from or relating to these Terms or BitMed.
36. Dispute Resolution
Before initiating formal legal proceedings, both parties agree to first attempt to resolve disputes through good-faith discussions.
If a dispute cannot be resolved through discussion within 30 days, either party may pursue available legal remedies under applicable law.
You may choose one of these options after legal review:
Option A — Court Jurisdiction Only: Disputes will be subject to the exclusive jurisdiction of courts located in Indore, Madhya Pradesh, India.
Option B — Arbitration: Any dispute arising out of or relating to these Terms will be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration will be Indore, Madhya Pradesh, India. The arbitration will be conducted in English by a sole arbitrator appointed mutually by the parties. The award will be final and binding.
37. Notices
We may send notices through email, in-app notification, website notice, SMS, WhatsApp, invoice communication, or other contact details provided by you.
You are responsible for keeping your contact information current.
Notices to us should be sent to:
- Xccelerance Technologies Pvt. Ltd.
- Email: support@bitmed.in
- Address: 305, Princess Business Skyline, Scheme 54, A.B. Road, Indore, Madhya Pradesh, India
38. Grievance and Contact Information
For legal, privacy, account, or grievance-related matters, contact:
- Grievance / Legal Contact
- Xccelerance Technologies Pvt. Ltd.
- Email: support@bitmed.in
- Address: 305, Princess Business Skyline, Scheme 54, A.B. Road, Indore, Madhya Pradesh, India
- Website: https://bitmed.in
39. Entire Agreement
These Terms, together with the Privacy Policy, Refund & Cancellation Policy, subscription plan, order form, invoice, proposal, and any written agreement signed with you, form the entire agreement between you and Xccelerance Technologies Pvt. Ltd. regarding BitMed.
If there is a conflict between these Terms and a separate signed agreement, the signed agreement will prevail to the extent of the conflict.
40. Severability
If any part of these Terms is found invalid or unenforceable, the remaining parts will continue to remain valid and enforceable.
41. No Waiver
Our failure to enforce any provision of these Terms does not mean we waive our right to enforce it later.
42. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, corporate reorganization, or transfer of business.
43. Survival
Clauses relating to fees, data, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, dispute resolution, governing law, and any provisions intended to survive termination will continue after termination of your account or subscription.