These Terms of Service ("Terms") are a binding agreement between you and Nexcod POS ("Nexcod POS", "we", "us"). They govern your use of the website nexcodpos.in, the Nexcod POS billing and inventory software, and the Nexcod POS Android and Windows apps (together, the "Service"). By creating an account, signing in, or using the Service you accept these Terms. If you do not accept them, do not use the Service.
1. Who may use the Service
You must be at least 18 years old and able to enter into a binding contract under the Indian Contract Act, 1872. If you use the Service for a business, you confirm that you are authorised to accept these Terms for that business, and "you" includes that business.
The Service is made for pharmacies, medical stores, chemists, clinics and other businesses operating lawfully in India.
2. Your account and staff logins
- Give true, complete and current details when you register, including your store name, address, GSTIN and drug licence number where they apply, and keep them up to date.
- Keep your password and sign-in codes secret. Everything done through your account or any staff login you create is your responsibility.
- Staff logins are for your own employees only. You decide what each can see and do, and you remain responsible for their actions.
- Tell us at once if you believe your account has been used without your permission.
- One account may not be shared between separate businesses or resold to another person.
3. Your legal duties as a shop
Nexcod POS is a tool that records what you enter. It does not hold a licence, sell medicines or file returns for you. The legal duties of running your business stay with you.
- Drug laws. You hold and maintain every licence required under the Drugs and Cosmetics Act, 1940 and the Drugs and Cosmetics Rules, 1945, and any State rules. You sell Schedule H, H1 and X drugs, and any other restricted medicine, only against a valid prescription, and you keep the registers the law requires. Features such as Schedule filters and registers help you; they do not make a sale lawful.
- Tax. You are responsible for the GST rates, HSN codes, prices, discounts and invoice details you enter or accept, and for your GST returns, e-way bills and e-invoicing where they apply. Check reports before you file.
- Prices and expiry. You are responsible for selling at or below MRP and for not selling expired or unfit stock. Expiry alerts are an aid only.
- Bills read by AI. When you upload a purchase bill as a PDF or a photo, the Service reads it automatically. Automatic reading can be wrong. You must check every line, quantity, rate, batch, expiry and total against the printed bill before you save it. Once saved, the entry is yours.
- Not medical advice. Nothing in the Service, including medicine names, compositions or substitutes shown, is medical advice or a substitute for the judgement of a registered pharmacist or doctor.
4. Acceptable use
You must not, and must not allow anyone else to:
- use the Service for anything unlawful, including selling drugs without a licence or prescription, making false or back-dated invoices, or evading tax;
- enter data you have no right to hold, or send messages to people who have not agreed to receive them;
- copy, modify, decompile, reverse engineer or resell any part of the Service, or build a competing product from it;
- access another account or another shop's data, probe or test the Service for weaknesses, or bypass any limit or security control;
- overload the Service, send automated requests, or scrape it by any means other than the exports we provide;
- upload viruses or harmful code, or use the Service to harass, defraud or mislead anyone.
A breach of this section allows us to suspend or close the account immediately, without refund, and to report it to the authorities where the law requires.
5. Plans, prices and payment
- The plans, their prices in Indian Rupees and what each includes are shown on the Pricing page. The price that applies is the one shown when you pay.
- The Free plan has the limits shown on the Pricing page. We may change the Free plan's limits with 30 days' notice in the software.
- Paid plans are paid in advance, for a fixed period. No plan renews on its own and we never charge you again without a new payment from you.
- Payment is made by UPI to the account shown in the software, and you enter the payment's UTR reference. The plan starts once we confirm the payment. A payment made on an existing plan is added after its end date, so no paid time is lost.
- A false, reused or incorrect UTR, a reversed payment or a chargeback is a breach of these Terms. The plan is withdrawn and the account may be closed.
- When a paid plan ends and is not renewed, the account returns to the Free plan's limits. Your data is not deleted because a plan ends.
- A change of price applies to the next payment, never to a period already paid for.
6. Refunds and cancellation
Refunds are governed only by our Refund and Cancellation Policy. You may stop using the Service at any time; the plan you paid for continues until its end date.
7. Your data
- The business records you enter, such as products, stock, bills, customers and reports, belong to you. You give us permission to store, process, copy and display them only as needed to provide the Service to you.
- For the personal data of your customers, patients, doctors and staff, you are the Data Fiduciary under the Digital Personal Data Protection Act, 2023, and we process it on your behalf. You are responsible for having a lawful reason, and consent where required, to enter it and to send those people bills or messages.
- How we handle personal data is set out in our Privacy Policy.
- You can export your data from the software. We keep regular backups, but you should also keep your own exports or connect your own Google Drive backup. We are not liable for data you delete yourself.
- We may use anonymous, combined figures that do not identify you or any person, for example to improve the Service.
8. WhatsApp, e-mail and other services
Bills and messages sent on WhatsApp go from your own WhatsApp number, which you link to the Service. You must follow WhatsApp's own terms. If WhatsApp limits or blocks your number, we are not responsible. Some features rely on outside services, such as Google sign-in and Google Drive, WhatsApp, e-mail delivery and automatic bill reading. Those services have their own terms, and a fault in them is outside our control.
9. Availability, changes and support
We work to keep the Service running at all times but do not promise that it will be uninterrupted or error free. We may carry out maintenance, and we may add, change or remove features. If we remove a feature that is central to a paid plan while the plan is running, you may ask for the unused part of that plan to be refunded. Support is given by e-mail, phone and the support section of the software.
10. Our intellectual property
The Service, its code, design, screens, bill designs, logos and the name Nexcod POS belong to Nexcod POS and are protected by law. These Terms give you a limited, personal, non-transferable right to use the Service while your account is in good standing, and nothing more. Suggestions you send us may be used freely, without payment to you.
11. Suspension and closing an account
- You may close your account at any time by writing to us from your registered e-mail or phone.
- We may suspend or close an account, with or without notice, for a breach of these Terms, non-payment, fraud, a risk to the Service or other users, or an order of a court or authority.
- After an account is closed, its data is kept for 30 days so that you can ask for an export, and may then be deleted, except records we must keep by law.
12. Disclaimer and limit of liability
The Service is provided "as is" and "as available". To the fullest extent the law allows, we give no warranty that it is fit for a particular purpose, and we are not liable for:
- any penalty, tax, interest or action taken against you under drug, tax or any other law;
- loss of profit, sales, goodwill, stock or data, or any indirect or consequential loss;
- errors in data you entered, imported or accepted, including bills read automatically that you did not check;
- interruptions caused by the internet, your devices, outside services or events beyond our reasonable control.
Our total liability for any claim relating to the Service is limited to the amount you paid us in the three months before the event that gave rise to the claim.
13. Indemnity
You agree to indemnify and hold harmless Nexcod POS, its founder, team and partners against any claim, loss, penalty or cost, including reasonable legal fees, arising from your use of the Service, the data you enter, your breach of these Terms, or your breach of any law, including drug, tax and data protection law.
14. Governing law and disputes
These Terms are governed by the laws of India, including the Information Technology Act, 2000 and the rules made under it. Before going to court, a dispute must first be raised with our Grievance Officer, and both sides will try in good faith to settle it within 30 days. Subject to that, the courts at the place of the registered office of Nexcod POS have exclusive jurisdiction.
15. General
- We may change these Terms. The date at the top shows the latest version. We will tell you of a material change in the software or by e-mail, and using the Service after the change means you accept it.
- If any part of these Terms is found unenforceable, the rest remains in force.
- Our not enforcing a right is not a waiver of it.
- You may not transfer your account or these Terms without our written consent. We may transfer them as part of a merger, sale or reorganisation.
- Neither side is liable for delay caused by events beyond its reasonable control, such as natural disasters, power or network failures, or government action.
Contact and grievance officer
Questions, complaints and requests about this document go to our Grievance Officer, who acknowledges them within 48 hours and resolves them within 30 days of receipt.
- Grievance Officer: Krishav Kumar Barman, Nexcod POS
- Email: support@nexcodpos.in
- Phone: +91 7319833790
Also read our Privacy Policy and Refund and Cancellation Policy. Together with this page they form the whole agreement between you and Nexcod POS.
