1. Acceptance of Terms
By accessing or utilizing our website, interactive consoles, APIs, or subscribing to PMX OS, you ("Customer", "User", or "You") agree to be bound by these Terms of Service ("Terms") in full. If you are entering into these Terms on behalf of an enterprise or legal entity, you represent and warrant that you possess the legal authority to bind such entity.
2. Scope of Services and Permissible Use
PRIMEXIA PRIVATE LIMITED grants Customer a non-exclusive, non-transferable, revocable enterprise right to access and utilize PMX OS during the agreed subscription term solely for Customer's internal engineering, risk management, and regulatory informatics purposes.
Customer agrees not to:
- Reverse engineer, decompile, disassemble, or derive the source code or underlying graph algorithms of the platform.
- Circumvent or attempt to defeat multi-tenant isolation barriers, encryption controls, or authentication mechanisms.
- Utilize the Services to build a competitive commercial product or service.
- Perform security vulnerability scanning or penetration testing without prior written authorization from our security team.
3. Intellectual Property Rights
Customer Intellectual Property: Customer retains exclusive, complete, and unencumbered title and ownership of all proprietary specifications, CAD files, source code, risk assessments, test protocols, and submission dossiers uploaded to PMX OS. No title in Customer IP transfers to ThePriMexia.
ThePriMexia Intellectual Property: PRIMEXIA PRIVATE LIMITED retains exclusive title, copyright, and patent rights in and to the PMX OS software kernel, graph schemas, ontology models, user interfaces, documentation, and underlying proprietary algorithms.
4. User Accounts and Enterprise Security
Customer is responsible for maintaining the confidentiality of its organizational credentials, API tokens, and user accounts. Customer agrees to promptly notify ThePriMexia at security@theprimexia.com upon discovering any unauthorized access or security compromise.
5. Service Levels and Maintenance
For enterprise subscribers, service availability, uptime targets, and technical support response times are governed by the dedicated Service Level Agreement (SLA) executed alongside the Master Services Agreement. Planned maintenance is scheduled outside peak engineering hours with prior notice.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PRIMEXIA PRIVATE LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REGULATORY MARKET CLEARANCE, CLINICAL DELAYS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE PMX OS.
7. Indemnification
Customer agrees to defend, indemnify, and hold harmless PRIMEXIA PRIVATE LIMITED against any third-party claims, liabilities, damages, or regulatory penalties arising out of: (a) Customer's medical devices or clinical products; (b) Customer's violation of statutory laws or regulations; or (c) Customer's breach of these Terms.
8. Governing Law and Dispute Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the substantive laws of India, without regard to its conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts situated in Mumbai, Maharashtra, India.
9. Legal Notices and Inquiries
All formal legal notices under these Terms must be delivered in writing to:
PRIMEXIA PRIVATE LIMITED
1002 PL 119 RSC 11 Nr, Ekvira School, Sector-1,
Charkop, Kandivli West, Mumbai - 400067, Maharashtra, India.
Email: legal@theprimexia.com