Terms of Service

PharmAiVA (the “Service”) is a hosted software-as-a-service platform that analyzes how branded pharmaceutical products are represented across third-party generative AI platforms and AI search results, and compares those representations against regulatory-approved product labels. These Terms of Service (“Terms”) are entered into between PharmAlliance Group, LLC, doing business as PharmAlliance AI Solutions (“PharmAiVA,” “we,” “our,” “us”), and the individual or entity agreeing to these Terms (“Customer,” “you,” “your”).

Eligibility. You must be at least eighteen (18) years old and legally able to enter into contracts to use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and “Customer” refers to that organization.

Account provisioning. Accounts are provisioned by invitation. You may register only with a valid registration token or invitation issued by PharmAiVA or by an administrator of your organization. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify PharmAiVA immediately at security@pharmaiva.app of any unauthorized use.

Professional use only. The Service is intended for use by pharmaceutical, life sciences, and related professional organizations. It is not intended for use by consumers or patients seeking medical information.

Plans. The Service is offered on subscription tiers with the fees, usage limits, and features specified in your order form or invitation. By accepting an order form or using the Service, you agree to those fees and limits.

Billing and payment. Fees are invoiced by PharmAiVA and payable by electronic funds transfer (EFT/ACH) or another method stated on the invoice, within the payment period stated on the invoice. If self-serve card payment is offered in the future, card processing would be handled by a third-party payment processor (such as Stripe, Inc.); card details are not stored on PharmAiVA systems. All fees are non-refundable except as expressly stated in these Terms or required by law. Fees are exclusive of all taxes; you are responsible for all applicable taxes.

Renewal. Subscriptions renew as stated in your order form. Unless your order form states otherwise, subscriptions renew automatically for successive periods equal to the initial term at the then-current rates, and either party may decline renewal by written notice at least thirty (30) days before the end of the current period.

Price changes. PharmAiVA may change subscription fees upon at least thirty (30) days’ prior notice. Price changes take effect on your next renewal after the notice period. If you do not agree to a price change, you may decline renewal before the change takes effect.

Usage limits and overages. Each tier includes usage limits (e.g., number of tracked brands, analyses per month, authorized users). If you exceed those limits, PharmAiVA may, at its option, (i) apply overage charges as agreed in your order form, (ii) throttle the Service, or (iii) require an upgrade to a higher tier.

PharmAiVA may offer evaluation or trial access allowing you to run a limited number of analyses. Trial usage is subject to these Terms and to any additional trial-specific restrictions communicated at signup. PharmAiVA may modify or discontinue trials at any time.

License grant. Subject to your compliance with these Terms and payment of applicable fees, PharmAiVA grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription period, solely for your internal business purposes.

Restrictions. You shall not, and shall not permit any third party to:

• copy, modify, or create derivative works of the Service;
• reverse engineer, decompile, or otherwise attempt to derive the source code of the Service;
• rent, lease, sell, sublicense, or make the Service available to any third party except as expressly permitted;
• circumvent or disable any security or access controls of the Service;
• use the Service to build a competing product or benchmark the Service against a competing product without PharmAiVA’s prior written consent;
• use the Service in violation of any applicable law, regulation, or industry code of practice;
• submit or process any content that is illegal, infringing, malicious, or violates any third party’s rights;
• exceed any documented rate limits or usage caps, or generate abusive traffic patterns;
• use the Service in a manner that violates PharmAiVA’s Acceptable Use Policy, available on request from legal@pharmaiva.app.

Authorized Users. You may permit employees, contractors, and agents (“Authorized Users”) to use the Service up to the seat limit in your subscription. You are responsible for all activity by your Authorized Users and for ensuring they comply with these Terms.

By using the Service, you acknowledge and agree that:

• The Service is an analytics tool, not medical advice. Analysis outputs are generated by or derived from third-party AI platforms and are not medical, legal, clinical, or regulatory advice.
• Analysis outputs are not a substitute for Medical, Legal, and Regulatory (“MLR”) review. You agree not to use analysis outputs directly in promotional, advertising, medical, or scientific communications materials without first subjecting them to your organization’s qualified MLR review process or equivalent external regulatory counsel review.
• You will not use the Service to generate or disseminate misleading, unbalanced, or off-label promotional claims about any pharmaceutical product.
• If a third-party AI platform produces output referencing adverse events, safety signals, or off-label uses, you are responsible for complying with applicable pharmacovigilance and regulatory reporting obligations. The Service does not automatically report such content to regulators.
• You will not use the Service to make decisions about individual patient care. The Service is not designed or validated for clinical decision support.
• You will not submit protected health information (PHI) or patient-level data to the Service. The Service is not designed to process PHI, and PharmAiVA does not enter into business associate agreements.

Breach of this Section 6 is a material breach entitling PharmAiVA to suspend or terminate your account immediately without refund.

Customer Data ownership. You retain all right, title, and interest in and to the data you submit to the Service (“Customer Data”). You grant PharmAiVA a limited, non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and process Customer Data solely as necessary to provide the Service during the subscription period and as permitted by our Privacy Policy.

Analysis outputs. You receive a non-exclusive, perpetual, royalty-free license to use the analysis outputs generated from your Customer Data for your internal business purposes, subject to Section 6 above and the Acceptable Use Policy.

Aggregated data. PharmAiVA may use anonymized and aggregated data derived from Customer Data to improve the Service, produce benchmarks, and develop industry insights, provided no individual customer is identifiable.

Data privacy. The Service’s collection, use, and disclosure of personal data is described in the Privacy Policy. If you process personal data of EU, UK, or Swiss data subjects through the Service, PharmAiVA’s Data Processing Addendum (DPA), available on request from legal@pharmaiva.app, applies to that processing.

PharmAiVA and its licensors retain all right, title, and interest in and to the Service, its underlying technology, algorithms, scoring models, user interfaces, and all related intellectual property. Nothing in these Terms transfers any such rights to you, other than the limited license in Section 5. Any feedback or suggestions you provide may be used by PharmAiVA without obligation or attribution.

The Service orchestrates queries to third-party generative AI platforms and AI search sources, which may include OpenAI, Anthropic, Google, Microsoft, xAI, Meta Llama (served via Groq), Perplexity, DeepSeek, and Serper.dev (for Google AI Overviews). You acknowledge that:

• These platforms are operated by third parties under their own terms and privacy policies;
• Outputs from these platforms may contain errors, inaccuracies, hallucinations, or biased content and are not validated by PharmAiVA;
• PharmAiVA makes no representation regarding the accuracy, completeness, or suitability of any output from a third-party AI platform;
• Third-party AI platform availability is outside PharmAiVA’s control and may affect the Service;
• DeepSeek processes data in the People’s Republic of China; your organization may disable individual platforms for its analyses.

Each party agrees to protect the other’s non-public information disclosed in connection with the Service using the same standard of care it applies to its own confidential information, and not less than reasonable care. Confidentiality obligations do not apply to information that is publicly available, already known, independently developed, or lawfully received from a third party.

Limited warranty. PharmAiVA warrants that during a paid subscription period, the Service will perform materially in accordance with its documentation. Your sole and exclusive remedy for breach of this warranty is, at PharmAiVA’s option, re-performance of the affected portion of the Service or a pro-rata refund of fees paid for the non-conforming portion.

EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE AND ANY ANALYSIS OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHARMAIVA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. PHARMAIVA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANALYSIS OUTPUTS WILL BE ACCURATE OR COMPLETE. PHARMAIVA MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OUTPUT FROM THIRD-PARTY AI PLATFORMS.

You shall defend, indemnify, and hold harmless PharmAiVA and its affiliates, officers, employees, and agents from any claim, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising from (i) your Customer Data, (ii) your use of the Service in violation of these Terms or applicable law, (iii) your breach of Section 6 (pharma-specific use restrictions), or (iv) your use of analysis outputs in promotional materials without MLR review.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHARMAIVA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO PHARMAIVA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT SHALL PHARMAIVA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOSS OF DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, PharmAiVA’s liability is limited to the maximum extent permitted by law.

Termination by you. You may cancel your subscription as provided in your order form, or, absent an order form provision, by written notice effective at the end of the current billing period; fees paid are non-refundable.

Termination by PharmAiVA. PharmAiVA may suspend or terminate your access to the Service immediately if you breach these Terms (including Section 6), engage in conduct that poses a risk to PharmAiVA or other users, or fail to pay fees when due. PharmAiVA may also terminate the Service or these Terms for convenience upon thirty (30) days’ notice, in which case PharmAiVA will refund any pre-paid unused fees on a pro-rata basis.

Effect of termination. Upon termination, your license to use the Service ends and your account is deactivated. You may export your Customer Data within thirty (30) days of termination using the Service’s export tools. After thirty (30) days, PharmAiVA may delete Customer Data in accordance with its retention policy.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal resolution. Before filing a claim, you agree to first try to resolve the dispute informally by contacting PharmAiVA at legal@pharmaiva.app. The parties will attempt in good faith to resolve the dispute within sixty (60) days.

Binding arbitration. If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in the Commonwealth of Pennsylvania (or remotely, if the parties agree), before a single arbitrator, and the arbitrator’s decision shall be final and binding.

CLASS ACTION WAIVER: YOU AND PHARMAIVA AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Exceptions. Either party may bring an action in small-claims court or seek injunctive or equitable relief in a court of competent jurisdiction for intellectual property infringement or breach of confidentiality.

Opt-out. You may opt out of this Section 15 by sending written notice to legal@pharmaiva.app within thirty (30) days of first agreeing to these Terms.

Governing law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles.

Modifications. PharmAiVA may update these Terms from time to time. Material changes will be communicated by email or in-app notification at least thirty (30) days before taking effect. Continued use of the Service after the effective date of a change constitutes acceptance of the revised Terms. If you do not agree to a change, you may cancel your subscription.

Assignment. You may not assign these Terms without PharmAiVA’s prior written consent. PharmAiVA may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party shall be liable for any failure or delay caused by events beyond its reasonable control.

Entire agreement. These Terms, together with the Privacy Policy, your order form, and any applicable DPA, Acceptable Use Policy, and SLA, constitute the entire agreement between you and PharmAiVA regarding the Service.

Severability; no waiver. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. No failure or delay by PharmAiVA in exercising any right constitutes a waiver of that right.

Notices and contact. Notices to PharmAiVA must be sent to legal@pharmaiva.app. Notices to you may be sent to the email address associated with your account. Questions about these Terms may be directed to the same address.