1.1. These terms of service (the "Terms") govern access to and use of the Delemed CRM service (the "Service"), a pharmaceutical promotion management platform published by TOUREX ECOM SARL (the "Publisher").
1.2. By creating an account or using the Service, you fully accept these Terms. If you use the Service on behalf of an agency, you warrant that you have the authority to bind it.
2. Description of the Service
2.1. The Service enables pharmaceutical promotion agencies and their partner laboratories to plan medical delegates' visits, collect visit reports and orders, track field activity and, depending on the subscribed plan, geolocate delegates during their field rounds.
2.2. The Publisher may change the Service's features at any time, without substantially degrading the essential features of ongoing paid plans.
3. Accounts and Security
3.1. Access to the Service requires a personal account. Each user is responsible for the confidentiality of their credentials and for the actions performed through their account.
3.2. The agency administers roles (agency owner, manager, supervisor, delegate) and remains responsible for the rights it grants to its members.
3.3. Any suspected unauthorized use of an account must be reported without delay to the Publisher at contact@delemed.com.
4. Plans and Subscriptions
4.1. The Service is offered in several plans per laboratory (FREE, STANDARD, PRO), whose features and limits (number of users, objectives, geolocation, exports and imports) are described on the Pricing page.
4.2. The Publisher may change its prices; any change is notified in advance and applies from the next renewal.
5. Billing and Payment
5.1. Paid subscriptions are billed in advance, by automatic debit through our provider Stripe, and renew automatically at each term.
5.2. In the event of a payment failure, a grace period is granted to remedy the situation; failing that, the subscription is downgraded or suspended.
5.3. Unless otherwise required by law, amounts paid are non-refundable.
6. User Obligations
6.1. You agree to use the Service in accordance with the law, in particular the regulations applicable to pharmaceutical promotion and personal data protection.
6.2. You must not upload unlawful content, disrupt the operation of the Service, attempt to access data of other agencies or laboratories, or reverse engineer the Service.
6.3. The agency warrants that it has informed its delegates of the geolocation implemented during field rounds and that it has an appropriate legal basis for this processing.
7. Customer Data
7.1. Each agency and each laboratory retains ownership of the data it enters into the Service (healthcare facilities, visits, reports, orders).
7.2. The Publisher only uses this data to provide, secure and improve the Service, under the conditions described in the Privacy Policy.
7.3. At the end of the contract, the agency may request the export of its data in a standard format before its deletion.
8. Intellectual Property
8.1. The Service, its structure, code, interfaces and documentation remain the exclusive property of the Publisher. The subscription grants a personal, non-exclusive and non-transferable right of use, limited to the duration of the contract.
9. Availability and Support
9.1. The Publisher strives to keep the Service available 24/7, without guaranteeing the absence of interruptions; maintenance operations may be scheduled.
9.2. Support is available at contact@delemed.com.
10. Liability
10.1. The Publisher's liability is limited to direct and foreseeable damages, and capped at the amounts paid over the last twelve months.
10.2. The Publisher is not responsible for commercial or medical decisions made on the basis of data entered by users.
11. Term, Suspension and Termination
11.1. The subscription is entered into for the chosen period and renews automatically; either party may terminate it before the term, with termination taking effect at the end of the current period.
11.2. The Publisher may suspend or terminate an account in the event of a serious breach of these Terms, after formal notice has remained without effect, except in urgent cases.
12. Changes to the Terms
12.1. The Publisher may amend these Terms; users are informed of any substantial change. Continued use of the Service constitutes acceptance of the amended Terms.
13. Governing Law and Disputes
13.1. These Terms are governed by Ivorian law.
13.2. Any dispute shall be submitted, failing amicable resolution, to the competent courts of Abidjan.