Legal Terms, Privacy Policy & Disclaimers

Master Privacy Policy (DPDP Act, 2023 & IT Act, 2000)

1.1 Statutory Designation of Roles

Under the provisions of the Digital Personal Data Protection Act, 2023 (DPDP Act) and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011:

• Licensee as Data Fiduciary: The pharmacy owner, retail chemist, or healthcare distributor purchasing and deploying XENDOCARE is the exclusive Data Fiduciary (or Data Controller) regarding all patient identifiers, doctor contacts, prescription notes, and purchase accounts entered into the software.
• XENDOCARE as Software Provider: Developer Sharif Muhammad Ansary and XENDOCARE Technologies act strictly as software developers providing an offline executable utility. The software provider does not hold, manage, or act as a data processor for patient medical health records.

1.2 Zero Cloud Mirroring & Data Sovereignty

XENDOCARE does NOT implement background telemetry, customer contact harvesting, or sales margin scraping. When internet connectivity is available, the software solely contacts official servers for:

• Hardware-locked license activation validation (encrypted device fingerprint check).
• Checking and downloading official software updates.
• Temporary AI OCR invoice transcription proxy (when invoked by the user).

1.3 Ephemeral AI Bill Scanner Privacy

When the user uploads a supplier purchase invoice image for automated AI OCR parsing:

• The image is transmitted over encrypted HTTPS/TLS 1.3 tunnels exclusively for the real-time optical recognition of medicine names, batch numbers, expiry dates, and rates.
• The image data is processed ephemerally in RAM and is never permanently retained, cached, or utilized for training artificial intelligence models on proprietary supplier trade terms.
• Users retain the option to supply their own personal Gemini/OpenAI API keys saved locally encrypted on their PC.

End User License Agreement (EULA) & Hardware Lock Terms

By downloading, installing, registering, or using XENDOCARE, you explicitly enter into a legally binding contract with developer Sharif Muhammad Ansary (Murshidabad, West Bengal, India).

2.1 License Grant & Perpetual Single-Terminal Scope

Upon payment of the ₹10,000 one-time fee, the licensee is granted a non-exclusive, non-transferable, revocable perpetual license to install and run XENDOCARE on one (1) designated PC hardware terminal. The software locks cryptographically to the PC motherboard UUID, CPU processor ID, and BIOS signature.

2.2 Strict Anti-Piracy & Reverse-Engineering Prohibitions

2.3 PC Migration & Motherboard Replacement Policy

Should the licensee upgrade their PC or experience a motherboard failure, license transfer requires submitting an official Device Unbind Request via the Help Center or administrative portal. XENDOCARE reserves the right to verify proof of purchase before unbinding.

Drugs & Cosmetics Act, 1940 & Rules, 1945 Statutory Disclaimer

3.1 Absolute Chemist Dispensing Responsibility

Under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945:

• Schedule H, H1, and X Narcotics & Prescription Drugs: The statutory duty to verify genuine prescriptions from Registered Medical Practitioners (RMP), record doctor details, observe valid dispensing limits, and enforce patient age requirements rests 100% on the Registered Pharmacist holding the pharmacy Drug License (D.L. No.).
• Batch Expiry Verification: While XENDOCARE provides automated color-coded expiry warnings and alerts, the physical inspection of medicine expiry dates, manufacturer seals, and cold-chain integrity remains the physical responsibility of the dispensing chemist.
• Drug Interactions & Dosage Accuracy: XENDOCARE does not validate pharmacological drug interactions, contraindications, or dosage regimes. Pharmacists must exercise independent professional clinical judgment.

3.2 Developer Exoneration from Dispensing Claims

Developer Sharif Muhammad Ansary and XENDOCARE Technologies bear zero liability for any patient injury, adverse drug reaction (ADR), allergic complication, improper substitution, sale of expired drugs, or regulatory license suspension issued by state Drug Control authorities (CDSCO / State Licensing Authorities).

Central Goods & Services Tax (GST) & Financial Computation Disclaimer

XENDOCARE features built-in GST calculation algorithms designed to assist Indian chemist shops in compiling HSN 3004 tax slabs, intra-state CGST/SGST splits, and CA reconciliation statements.

4.1 Computational Aid Nature

All tax outputs, GSTR-1 Table summaries, GSTR-3B monthly approximations, and e-invoicing JSON exports generated by XENDOCARE are intended solely as computational calculation aids. The software does not provide certified accounting, auditing, or legal tax advisory services.

4.2 Tax Audit Liability

The licensee and their appointed Chartered Accountant (CA) or Tax Consultant are solely responsible for:

• Verifying the accuracy of tax rates applied to pharmaceutical products.
• Reconciling input tax credit (ITC) against GSTR-2B government ledgers.
• Timely and correct filing of monthly/quarterly tax returns on the GSTN Portal.
• Any penalties, interest, or fines levied by the Central Board of Indirect Taxes and Customs (CBIC) or State GST authorities are solely the licensee’s liability.

Cancellation & Strict Non-Refund Policy

5.1 Free Evaluation & Live Demonstrations

Prospective purchasers are provided extensive live product demonstrations, video feature walkthroughs, remote AnyDesk/TeamViewer inspections, and trial evaluations prior to purchase. Once a commercial license key has been generated and delivered, no refund requests will be accepted under any circumstances.

5.2 AI OCR Scan Credit Top-Ups

AI OCR Scan packs (e.g. ₹499 for 500 scans) represent consumable cloud computational credits. Once credited to a customer license key, they are non-refundable and non-transferable.

Limitation of Liability & Comprehensive Indemnification

6.1 Monetary Liability Cap

To the maximum extent permitted by applicable Indian law, the total cumulative liability of developer Sharif Muhammad Ansary and XENDOCARE Technologies arising out of or related to this agreement, the software, or any accompanying services—whether in contract, tort (including negligence), or otherwise—shall be strictly limited to the actual amount paid by the licensee for the software license (capped at ₹10,000 INR).

6.2 Exclusion of Consequential Damages

In no event shall the developer be liable for any indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of pharmacy profits, loss of data, hardware breakdown, system crashes, power outage corruption, business interruption, or reputation damage.

6.3 Comprehensive Indemnity by Licensee

The licensee agrees to defend, indemnify, and hold harmless Sharif Muhammad Ansary, XENDOCARE Technologies, and associated agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

• The licensee's dispensing, sale, or handling of pharmaceutical products.
• Failure of the licensee to comply with the Drugs & Cosmetics Act or GST regulations.
• Breach of patient privacy obligations under the DPDP Act 2023.
• Unauthorized alteration, tampering, or misuse of the software.

Statutory Grievance Redressal Officer & Legal Jurisdiction

In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the DPDP Act, 2023, the details of the designated Grievance Officer are set forth below:

Governing Law & Exclusive Court Jurisdiction

This agreement, its construction, performance, and legal enforcement shall be governed exclusively by the laws of the Republic of India. Any legal dispute, claim, litigation, or proceeding arising under or related to XENDOCARE shall be subject to the exclusive territorial jurisdiction of the competent civil and criminal courts in Murshidabad, West Bengal, India.